1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, February 15,
7 2011, commencing at 5:05 p.m., City Hall, Council
8 Chambers, 1st Floor,
9 Diane M. Tropia, a Notary Public in and for the State
10 of
11
12 PRESENT:
13 JOHN CRESCIMBENI, Chair.
DON REDMAN, Committee Member.
14 STEPHEN JOOST, Committee Member.
DICK BROWN, Committee Member.
15
16 ALSO PRESENT:
17 BILL KILLINGSWORTH, Director, Planning Dept.
JOHN CROFTS, Deputy Director, Planning Dept.
18 SEAN KELLY, Chief, Current Planning.
FOLKS HUXFORD, Zoning Administrator.
19 DYLAN REINGOLD, Office of General Counsel.
MERRIANE LAHMEUR, Legislative Assistant.
20 SHARONDA DAVIS, Legislative Assistant.
21 - - -
22
23
24
25
Diane M.
Tropia, Inc.,
2
1 P R O C E E D I N G S
2 February 15, 2011 5:05 p.m.
3 - - -
4 THE CHAIRMAN: Good evening, everyone.
5 We're going to call the February 15th
6 meeting of the Land Use and Zoning Committee to
7 order.
8 We have a couple of excused absences
9 tonight and an early departure -- apparently a
10 late arrival and then an early departure, but to
11 start the meeting off we're just going to go
12 around the panel and have everybody introduce
13 themselves, and then, Mr. Reingold, you'll give
14 your LUZ statement.
15 Mr. Crofts, do you want to --
16 MR. CROFTS: Good evening.
17 My name is John Crofts, representing the
18 Planning and Development Department.
19 MR. KELLY: Sean Kelly, Planning and
20 Development.
21 MR. HUXFORD: Folks Huxford, Planning and
22 Development.
23 MR. REINGOLD: Dylan Reingold, Office of
24 General Counsel.
25 MR. BROWN: Dick Brown, City Council,
Diane M.
Tropia, Inc.,
3
1 District 13.
2 MR. JOOST: Stephen Joost, City Council,
3 Group 3, at-large.
4 THE CHAIRMAN: I'm John Crescimbeni,
5 City Council, at-large, Group 2.
6 MR. REDMAN: Don Redman, District 4,
7 councilman.
8 THE CHAIRMAN: Mr. Reingold.
9 MR. REINGOLD: Good evening, everyone.
10 Anyone who would like to address the
11 committee tonight must fill out a yellow
12 speaker's card in its entirety. The yellow
13 speakers' cards are located on the desk up
14 front, near the podium. Once completed, please
15 return the speaker's card to the basket on the
16 front desk.
17 Any person who lobbies the City for
18 compensation is considered a lobbyist and is
19 therefore required to register their lobbying
20 activity with the City Council secretary. If
21 you are a lobbyist and have not registered with
22 the City Council secretary, you will not be
23 permitted to address the committee.
24 Because a verbatim transcript of this
25 meeting will be prepared by a court reporter, it
Diane M.
Tropia, Inc.,
4
1 is important that you speak clearly into the
2 microphone when you address the committee. It's
3 also important that only one person speak at a
4 time.
5 Any tangible material submitted with a
6 speaker's presentation, such as documents,
7 photographs, plans, drawings, et cetera, shall
8 become a permanent part of the public record and
9 will be retained by the committee.
10 As a courtesy, please switch any cell
11 phones, pagers, or audible devices to a silent
12 mode.
13 Additionally, there will be no public
14 display of support or opposition, so please
15 refrain from applause or speaking out of turn.
16 Items are generally addressed in the order
17 in which they are listed on the agenda. Copies
18 of the agenda are located on the desk up front,
19 near the podium.
20 On occasion, items may be heard out of
21 order for the sake of efficiency or to
22 accommodate scheduling conflicts.
23 Unless there is a formal hearing on a
24 particular item, each member of the public is
25 limited to a single three-minute presentation.
Diane M.
Tropia, Inc.,
5
1 Presentations should be focused, concise, and
2 address only the item pending before the
3 committee.
4 Prior to addressing the committee, please
5 state your name and address for the court
6 reporter.
7 Decisions on rezonings, including PUDs,
8 sign waivers, are considered quasi-judicial in
9 nature and certain protocals will be followed
10 for these proceedings.
11 First, each council member must disclose on
12 the record any ex-parte communications they have
13 had with any members of the public prior to the
14 hearing on each applicable item. This includes
15 a brief statement of when the communication took
16 place, who the communication was with, and what
17 the subject matter of the communication was.
18 Second, the normal format is to allow the
19 applicant or agent thereof to make their
20 presentation first, followed by members of the
21 public who wish to speak in support of the item,
22 then members of the public who are in opposition
23 will be allowed to speak.
24 After all of the public comments have been
25 received, the applicant will have a brief
Diane M.
Tropia, Inc.,
6
1 opportunity to wrap up or present a brief
2 rebuttal. The wrap-up or rebuttal shall be
3 limited to the issues brought up by the
4 speakers.
5 In some instances, the Chair may permit a
6 concise surrebuttal or response to the
7 applicant's rebuttal, which will be followed by
8 a brief final response by the applicant.
9 Finally, all quasi-judicial decisions must
10 be based upon substantial competent evidence,
11 which means that the committee's decision must
12 be supported by fact-based testimony or expert
13 testimony and not just on generalized concerns
14 or opinions.
15 Thank you very much.
16 THE CHAIRMAN: Thank you, Mr. Reingold.
17 We are going to take a couple of things out
18 of order this evening. Both of them are on
19 page 5, so if you will turn to page 5 of your
20 agenda. The first one is item 15. It's a
21 closing and abandonment. Mr. Williams is here
22 from the Real Estate Department.
23 Mr. Williams, we appreciate you sitting
24 though our last meeting until almost the end, so
25 we'll see if we can get you on your way early
Diane M.
Tropia, Inc.,
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1 tonight.
2 Item 15, 2011-52.
3 MR. JOOST: Move the bill.
4 MR. BROWN: Second.
5 THE CHAIRMAN: Motion by Mr. Joost, second
6 by Mr. Dick Brown.
7 Any discussion on the bill?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: If not, open the ballot,
10 vote.
11 (Committee ballot opened.)
12 MR. CRESCIMBENI: (Votes yea.)
13 MR. BROWN: (Votes yea.)
14 MR. JOOST: (Votes yea.)
15 MR. REDMAN: (Votes yea.)
16 (Committee ballot closed.)
17 MS. LAHMEUR: Four yea, zero nay.
18 THE CHAIRMAN: By your action, you have
19 approved item 15, 2011-52.
20 Mr. Williams, great job.
21 MR. WILLIAMS: Thank you, Mr. Chairman.
22 THE CHAIRMAN: All right. We're going to
23 back up one to item 14, 2011-47.
24 Mr. Reingold.
25 MR. REINGOLD: Yes, sir.
Diane M.
Tropia, Inc.,
8
1 2011-47 actually does two things. First
2 off, it approves a settlement agreement, which
3 was -- which resolves two separate lawsuits
4 which were dealing with the
5 And, second off, it adopts language changing
6 Chapter 656 consistent with the language set
7 forth within the settlement agreement.
8 And I can briefly just state that
9 essentially what it's going to require is
10 that -- with PUDs, there are certain aspects of
11 the PUD applications that the Department can
12 deem not necessary; however, if the Department
13 does so, the additional cause -- it's now going
14 to be into our zoning code -- is going to be
15 that the Department has to, one, find good cause
16 for not requiring those exhibits; two, put that
17 good cause into writing; and three, put that
18 writing into the PUD file so that anyone who has
19 questions about it or wants to know why they
20 weren't required would have a place to go and to
21 find that answer.
22 And those are the two key issues tonight,
23 is, one, approving the settlement agreement;
24 and, two, the zoning code change in conformance
25 with that settlement agreement.
Diane M.
Tropia, Inc.,
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1 THE CHAIRMAN: Okay. Thank you,
2 Mr. Reingold.
3 Any questions for Mr. Reingold?
4 COMMITTEE MEMBERS: (No response.)
5 THE CHAIRMAN: Mr. Kelly, did you want to
6 offer anything?
7 MR. KELLY: No. The department supports
8 the bill as proposed.
9 THE CHAIRMAN: Okay. Thank you, sir.
10 Any questions for Mr. Kelly?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: All right. We have a public
13 hearing scheduled this evening. The public
14 hearing is open. I have one speaker's card.
15 It's Estelle Vickery.
16 Ms. Vickery, do you want to address the
17 committee? No?
18 AUDIENCE MEMBER: Questions only.
19 THE CHAIRMAN: Questions only. Okay.
20 Any questions for Ms. Vickery?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: All right. Anyone else care
23 to address the committee?
24 AUDIENCE MEMBERS: (No response.)
25 THE CHAIRMAN: All right. Seeing no one,
Diane M.
Tropia, Inc.,
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1 then, the public hearing is closed.
2 MR. JOOST: Move the bill.
3 MR. REDMAN: Second.
4 THE CHAIRMAN: Motion on the bill by
5 Mr. Joost, second by Mr. Redman.
6 Any discussion?
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: If not, open the ballot,
9 vote.
10 (Committee ballot opened.)
11 MR. CRESCIMBENI: (Votes yea.)
12 MR. BROWN: (Votes yea.)
13 MR. JOOST: (Votes yea.)
14 MR. REDMAN: (Votes yea.)
15 (Committee ballot closed.)
16 MS. LAHMEUR: Four yea, zero nay.
17 THE CHAIRMAN: By your action, you have
18 approved item 14, 2011-47.
19 All right. We'll go back to page 2 of the
20 agenda, beginning at the top of the page.
21 Item 1, 2010-585, is deferred, as is item 2,
22 2010-670, and item 3, 2010-856.
23 Item 4, 2010-893.
24 Mr. Kelly.
25 MR. KELLY: Thank you.
Diane M.
Tropia, Inc.,
11
1 To the Chair and to the Committee,
2 ordinance 2010-893, this is a request for a sign
3 waiver to allow for the internal illumination of
4 a new sign that will replace an existing sign
5 that is nonconforming.
6 The subject property is located on
8 between
9 Road. This is for the -- the church property.
10 It's approximately four acres.
11 At the last meeting, I guess there was some
12 issues that had come up, I guess, regarding a
13 similar situation and conditions which the
14 Department imposed on a similar request, which
15 was off of
16 residential district with a changing message
17 device.
18 Originally, the Department understood that
19 this was a manually-changed reader board. It
20 turns out it wasn't, so the Department has gone
21 back and reevaluated the -- the review -- or
22 this application and is proposing three
23 conditions for approval.
24 Condition 1 reads, "The electronic message
25 board shall only contain verbal messages that
Diane M.
Tropia, Inc.,
12
1 change simultaneously for the entire portion of
2 the sign that changes."
3 Condition 2, "The electronic message board
4 shall use only amber lights."
5 Condition 3, "The electronic message board
6 shall not be operated between 9 p.m. and 6 a.m."
7 This is generally consistent with
8 Department policy on a similar situation in
9 Mandarin, so we're looking for consistency
10 there.
11 Based on that recommendation, the
12 Department finds that it otherwise meets all of
13 the criteria for the sign waiver itself and is
14 recommending approval with those conditions.
15 THE CHAIRMAN: Thank you, Mr. Kelly.
16 Are the conditions -- do they match up, I
17 mean, a hundred percent with the
18 signage?
19 MR. KELLY: No. The -- initially, the
21 that we didn't feel it was necessary to include
22 given the pending legislation that was also
23 coming up.
24 THE CHAIRMAN: Okay.
25 All right. This is a quasi-judicial
Diane M.
Tropia, Inc.,
13
1 matter. Does anyone have any ex-parte
2 communication to disclose?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: All right. Seeing no one,
5 we have a public hearing scheduled this
6 evening. The public hearing is open.
7 Any speakers' cards?
8 MS. DAVIS: (Tenders speaker card.)
9 THE CHAIRMAN:
10 (Audience member approaches the podium.)
11 THE CHAIRMAN: Welcome back, Mr. Grimm.
12 Sorry for the confusion from two weeks ago.
13 AUDIENCE MEMBER: Thank you.
14 THE CHAIRMAN: I just need your name and
15 address for the record and then you can begin.
16 AUDIENCE MEMBER:
17 Road,
18 Thank you for having me back and allowing
19 us time to discuss what the Planning Department
20 and -- and through you, I want to thank
21 Mr. Reingold for sending me the conditions
22 yesterday to make sure I understood the
23 conditions being imposed.
24 Regarding the electronic message center --
25 I'll just focus my conversation on that since
Diane M.
Tropia, Inc.,
14
1 that was the issue we had at hand.
2 Items -- or the conditions 1 and 2 we have
3 no issue with. I would question the necessity
4 of the -- condition number 3 about operating
5 between 9 p.m. and 6 a.m.
6 I briefly looked at the
7 Planning Department was generous enough to give
8 me the ordinance that was drafted, and so I was
9 able to look at that and -- and through aerial
10 photographs look at their situation.
11 I think we have a slightly different
12 situation, being the Wonderwood Expressway. Our
13 road is much wider than -- than that church
14 property, what they front. We have four lanes
15 with a full median that has a turn lane in the
16 center, so we have a large width. And at our
17 particular location on this road is where
18
19 additional width for residential property across
20 the street.
21 With the exception of one residence, all
22 the properties -- any residential properties
23 that is, back up to our church or -- they really
24 just don't have a view of the -- of the sign.
25 They all back up to it and have a -- have
Diane M.
Tropia, Inc.,
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1 fencing.
2 There is one exception directly across.
3 And the way our sign sits, they will be looking
4 at the -- the front blunt nose end of it, if you
5 will, not the side, not the message that they
6 would see. So they will actually be seeing less
7 light from -- from both the regular sign or a
8 message center than what they currently see from
9 our sign because right now our sign is at -- is
10 at an angle, so the lights -- the external
11 lights are flashing up on them, and so they get
12 that glare reflection. And I'm not saying they
13 won't see any glare looking at it, but it
14 will -- it will be less.
15 We did talk with that neighbor, and they --
16 showed them a picture and where it was going to
17 go and everything, and -- and they were in
18 support of the sign.
19 We do have other commercial, compared to
20 Loretto Road, which did -- does not have
21 commercial nearby. We have commercial with the
22 old Gate station. There's still the -- the
23 commercial there. We have -- right behind
24 there, we also have the post office that has
25 internally-illuminated signs, and so it -- I
Diane M.
Tropia, Inc.,
16
1 think our situation is a little bit different.
2 There is other signs that are on through
3 the night in -- I mean, just a stone's throw
4 away, and so I would, again, agree to
5 conditions 1 and 2 but respectfully request that
6 condition 3 be dropped from the request.
7 THE CHAIRMAN: Thank you, Mr. Grimm.
8 Does your -- is this sign going to be
9 parallel to the street or perpendicular? Is it
10 one-sided or two-sided?
11 MR. GRIMM: It's a two-sided sign that will
12 be perpendicular to the street.
13 THE CHAIRMAN: And the one in Mandarin, is
14 it perpendicular or parallel?
15 MR. GRIMM: I cannot answer that.
16 THE CHAIRMAN: Okay. And what's the zoning
17 district for the Mandarin property?
18 MR. GRIMM: It's a -- it's a residential
19 district as well.
20 THE CHAIRMAN: Mr. Kelly.
21 MR. KELLY: The sign in Mandarin was also
22 perpendicular to the right-of-way. The zoning,
23 I believe, was an RLD-90, similar to the
24 surrounding zoning in this situation.
25 THE CHAIRMAN: All right. Thank you, sir.
Diane M.
Tropia, Inc.,
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1 Any questions for Mr. Grimm?
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: All right. Thank you,
4 Mr. Grimm.
5 MR. GRIMM: Thank you.
6 THE CHAIRMAN: Anyone else care to address
7 the committee?
8 AUDIENCE MEMBERS: (No response.)
9 THE CHAIRMAN: All right. Seeing no one,
10 then, the public hearing is closed.
11 MR. JOOST: Move the amendment.
12 MR. REDMAN: Second.
13 THE CHAIRMAN: Motion on the amendment by
14 Mr. Joost, second by Mr. Redman.
15 Discussion?
16 MR. REINGOLD: (Indicating.)
17 THE CHAIRMAN: Mr. Reingold.
18 MR. REINGOLD: I just want to clarify the
19 amendment.
20 THE CHAIRMAN: Yes.
21 MR. REINGOLD: I'm assuming it would be to
22 grant the waiver with conditions?
23 THE CHAIRMAN: (Nods head.)
24 MR. REINGOLD: I guess the question for the
25 committee is -- the applicant had said that they
Diane M.
Tropia, Inc.,
18
1 were not agreeable to the third condition; they
2 were agreeable to the first two, so I would just
3 like some clarification as to what the
4 conditions are that are being proposed as part
5 of the amendment.
6 THE CHAIRMAN: Mr. Joost, can you restate
7 your motion?
8 MR. JOOST: Yes. Move the amendment to
9 grant the waiver with the three conditions.
10 THE CHAIRMAN: Motion by Mr. Joost.
11 Mr. Redman, do you still second it?
12 MR. REDMAN: I would like to grant the
13 waiver without the third condition, but --
14 THE CHAIRMAN: Well, do you want to make a
15 substitute motion?
16 MR. REDMAN: I'll make a substitute motion
17 deleting the third condition.
18 MR. BROWN: Second.
19 THE CHAIRMAN: Second by Mr. Brown.
20 All right. A motion to grant the waiver
21 with the first and second condition only, not
22 the third.
23 Mr. Reingold, do you have that?
24 MR. REINGOLD: Yes.
25 THE CHAIRMAN: All right. All those in --
Diane M.
Tropia, Inc.,
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1 do we have to do that on the board or is that --
2 that's going to be on the amendment --
3 MR. JOOST: That's the amendment, so --
4 THE CHAIRMAN: On the amendment, yeah.
5 All those in favor, say yes.
6 COMMITTEE MEMBERS: Yes.
7 THE CHAIRMAN: Opposed, say no.
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: You're going to have to
10 record me as a no, so that amendment fails.
11 MR. REINGOLD: No.
12 THE CHAIRMAN: Doesn't it have to be a
13 four -- don't you have to have a four vote?
14 MR. REINGOLD: To the Chair, I will check
15 the rules really quickly. I believe that
16 something like an amendment, which is not a
17 final decision, just needs a majority vote, but
18 the final bill would need the fourth vote;
19 however, what I'm seeing is this would probably
20 turn out to be a three-one vote even if the
21 amendment --
22 THE CHAIRMAN: Mr. Reingold, you are so
23 perceptive. That's what I like about you. But
24 you can look that up if you want.
25 MR. REINGOLD: No, that's okay. I see
Diane M.
Tropia, Inc.,
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1 where this is going.
2 THE CHAIRMAN: All right. So I stand
3 corrected. The amendment is approved.
4 Mr. Joost.
5 MR. JOOST: I guess -- through the Chair to
6 my good friend Mr. Redman over there, since we
7 can see where this is going and it would likely
8 lead to at least a minimum two-week delay, I
9 mean, how critical is the third condition? I
10 mean, because -- I mean, basically they're
11 saying they're just not going to run it at
12 night. I don't know how much traffic goes by at
13 those hours, so that -- that's why I included
14 it. I didn't -- seeing it as being mission
15 critical, if you will.
16 MR. REDMAN: Well, the Wonderwood
17 Expressway is busy throughout the night, pretty
18 busy. And, you know, a message from a church, I
19 think, would be good for most of those people
20 traveling on the Wonderwood Expressway at night.
21 MR. JOOST: Yeah. I've seen how they
22 drive. They could probably use it.
23 THE CHAIRMAN: Thank you, Mr. Joost.
24 All right. Any further discussion on the
25 bill?
Diane M.
Tropia, Inc.,
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1 COMMITTEE MEMBERS: (No response.)
2 MR. JOOST: Move the bill as amended.
3 MR. REDMAN: Second.
4 THE CHAIRMAN: Motion and second on the
5 bill as amended.
6 Open the ballot, vote.
7 (Committee ballot opened.)
8 MR. CRESCIMBENI: (Votes nay.)
9 MR. BROWN: (Votes yea.)
10 MR. JOOST: (Votes yea.)
11 MR. REDMAN: (Votes yea.)
12 (Committee ballot closed.)
13 MS. LAHMEUR: Three yea, one nay.
14 THE CHAIRMAN: Because we don't have more
15 than four committee members here, Mr. Grimm, the
16 bill is going to be parked here for another two
17 weeks.
18 All right? Sorry about that.
19 MR. REINGOLD: And would you like to
20 continue the --
21 THE CHAIRMAN: Yes, and we will continue
22 the hearing until March 1 -- is that going to be
23 March 1st?
24 MR. CROFTS: Yes, sir.
25 THE CHAIRMAN: Yeah. So we can revisit the
Diane M. Tropia, Inc.,
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1 issue again.
2 MR. GRIMM: Thank you.
3 THE CHAIRMAN: All right. Page 3, top of
4 the page, item 5. That bill is -- we have a
5 public hearing scheduled for that this evening.
6 The public hearing is open. I have a few
7 speakers' cards. We'll begin with
8 Raymond Tubel --
9 AUDIENCE MEMBER: Yes, sir.
10 THE CHAIRMAN: -- followed by Michael Ali,
11 followed by Joe -- Joe Kelly maybe.
12 AUDIENCE MEMBER: Yes.
13 (Audience member approaches the podium.)
14 THE CHAIRMAN: Mr. Tubel.
15 AUDIENCE MEMBER: My name is Raymond Tubel
16 and I reside at
17 I'm part owner of the three Tubel Service
18 Centers; Northside, Southside, and Westside. We
19 do have a changing sign. I want everybody to
20 understand, we don't want to distract customers
21 any more than anybody else does. The first
22 thing is, if you put a message on there too
23 long, they are going to be distracted waiting to
24 see what the next message is.
25 We use our sign -- we use our sign to
Diane M.
Tropia, Inc.,
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1 advertise sales, specials. We also use it to
2 recognize our country, our military, Mother's
3 Day, Father's Day, Thanksgiving, and
4 Christmas -- Christmas with a "C."
5 Seventeen families and several hundred
6 customers depend upon the success of our
7 business.
8 When people outside of our state or outside
9 of our city look to come to
10 into business, they look to see how successful
11 the businesses there are. We are in a
12 recession. Twenty percent of the locally-owned
13 services that is equal to ours, or in the same
14 trade as ours, 20 percent of them have closed.
15 This is the time to help businesses, not to make
16 it harder to stay in business.
17 This hearing and the vote will be strictly
18 to determine the dwell time. What is
19 reasonable? Three seconds? No, I don't think
20 that's reasonable. Three minutes? I certainly
21 don't think that's reasonable.
22 You know, if the City Planning Department
23 supports and recommends eight seconds, the
25 seconds to be the standard, I think we need to
Diane M.
Tropia, Inc.,
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1 come to a reasonable -- a reasonable time for
2 the dwell.
3 I believe that y'all have voted once
4 before, and at eight seconds -- or eight seconds
5 was favorable to y'all. Whether you voted or
6 not, I believe that eight seconds was
7 favorable. I ask you to please consider no more
8 than eight seconds for these boards.
9 Thank you.
10 THE CHAIRMAN: Thank you, Mr. Tubel.
11 Any questions from the committee?
12 COMMITTEE MEMBERS: (No response.)
13 THE CHAIRMAN: Okay. Thank you, sir.
14 Mr. Michael Ali.
15 And then, Joe Kelly, 2338 is your house
16 number.
17 AUDIENCE MEMBER: (Indicating.)
18 THE CHAIRMAN: Okay. If you want to make
19 your way forward.
20 (Audience member approaches the podium.)
21 AUDIENCE MEMBER: Michael Ali.
22 To the honorable members of the committee,
23 I have some questions. Okay? I'm with an
24 organization that's called People Before I-95.
25 Okay? I've been very active with this
Diane M.
Tropia, Inc.,
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1 organization; I helped start it, and had some
2 complaints about the interstate, especially
3 within my community, African-American community,
4 I-95 and I-10, which run through the black
5 community.
6 Okay. Now, my question is concerning
7 billboards, these message billboards. Okay.
8 How many will be installed on I-95? Do anybody
9 know, or I-10? Would there be any message
10 boards installed on -- on this freeway system,
11 this highway system?
12 THE CHAIRMAN: Mr. Ali, we're here to hear
13 your comments. I think the City has issued some
14 permits for some digital billboards, but we
15 can't -- you need to give us your comments
16 and --
17 (Simultaneous speaking.)
18 MR. ALI: Okay.
19 THE CHAIRMAN: -- if you favor those,
20 oppose those --
21 MR. ALI: I'm just trying to find out how
22 many will be installed on the interstate.
23 Okay. I understand residential
24 communities. Okay. That's on the residents,
25 you know, issues. I'm dealing with the
Diane M.
Tropia, Inc.,
26
1 interstate. That's what I'm dealing with, the
2 interstate.
3 Okay. There's no answer about that, so
4 apparently y'all don't know. So maybe I don't
5 need to have this discussion and -- if y'all
6 don't know how many will be installed there,
7 unless this is a federal issue and not a state
8 issue. Is it?
9 THE CHAIRMAN: Mr. Ali, I'll be -- this is
10 a public hearing. It's designed for us to hear
11 from you; it's not a question-and-answer
12 session. If you would like for me to get
13 someone --
14 MR. ALI: Well, I know that y'all had on
15 there -- y'all say you can ask questions. You
16 know, I'm just trying to find out exactly --
17 THE CHAIRMAN: I'll be more than happy to
18 have somebody --
19 (Simultaneous speaking.)
20 MR. ALI: -- (inaudible) the billboard
21 issue with interstates, that's all, because we
22 see them in our community. Okay? We see
23 billboards. They're message boards.
24 Okay. Some of them [sic] positive because
25 they deal with -- some child got kidnaped, you
Diane M.
Tropia, Inc.,
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1 know, something like that, that's good. Okay?
2 Slow your speed down, that's good. But some of
3 these other billboards -- you know, you ever
4 been down I-4? Have you seen the billboards
5 there, with Disney World? It looks utterly
6 ridiculous along interstate I-4. Okay? I'm in
7 that.
8 THE CHAIRMAN: Thank you, Mr. Ali.
9 MR. ALI: Thank you.
10 THE CHAIRMAN: Any -- does that complete
11 your comments?
12 MR. ALI: Yes, sir.
13 THE CHAIRMAN: All right.
14 MR. ALI: I just don't want to see that
15 happen here in
16 THE CHAIRMAN: All right.
17 MR. ALI: -- what I [sic] seeing in
18
19 THE CHAIRMAN: Thank you, sir.
20 Any questions for Mr. Ali?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: Mr. Kelly.
23 (Audience member approaches the podium.)
24 AUDIENCE MEMBER: Good evening.
25 Joe Kelly,
Diane M.
Tropia, Inc.,
28
1
2 I'm here representing Physicians Medical
3 Center.
It's an Urgent
4
5 play a very crucial role to our day-to-day
6 business. It lets people know exactly the
7 services that we provide, which there are quite
8 a few.
Being an
9 physical therapy, diagnostics, DOT testing, drug
10 screening. I mean, you name it, we do it.
11 So it's important -- people get to drive
12 by -- to be able to look up and see some of the
13 stuff that we offer, and it -- it does help our
14 business.
15 And I am in favor of the eight seconds.
16 Our business is a little different than some.
17 We probably need an eight-second time, maybe
18 more so than other businesses out there. It's
19 hard to say who needs what and -- you know,
20 unless you've been in the business, you really
21 don't know, and I think that eight seconds is
22 fair. And I hope that you guys will lean
23 towards -- in favor of the eight seconds.
24 If you have any questions, I'll be happy to
25 answer them. But other than that, I thank you
Diane M.
Tropia, Inc.,
29
1 for having me up here.
2 THE CHAIRMAN: Thank you, Mr. Kelly.
3 Thank you for coming.
4 Any questions for Mr. Kelly from the
5 committee?
6 COMMITTEE MEMBERS: (No response.)
7 THE CHAIRMAN: Thank you, sir.
8 Anyone else care to address the committee?
9 AUDIENCE MEMBERS: (No response.)
10 THE CHAIRMAN: All right. Seeing no one,
11 this public hearing is continued until March
12 15th and we're taking no further action on this
13 bill.
14 MR. JOOST: (Inaudible.)
15 THE CHAIRMAN: Mr. Joost.
16 MR. JOOST: I guess I'm a little -- I was
17 caught off-guard. I was -- I thought we were
18 voting on this tonight.
19 THE CHAIRMAN: Well, we could, but it's
20 going to end up the same way that the other --
21 MR. JOOST: Okay. Gotcha. No problem.
22 Thank you.
23 THE CHAIRMAN: So --
24 MR. JOOST: So we'll vote on it in two
25 weeks?
Diane M.
Tropia, Inc.,
30
1 THE CHAIRMAN: March 15th.
2 MR. JOOST: Okay. Is there any reason we
3 can't continue the public hearing to March 1st
4 and vote on it?
5 THE CHAIRMAN: I sent a letter out to all
6 the CPACs today asking them to weigh in based on
7 the Planning Commission's findings from last
8 week.
9 MR. JOOST: Okay. Thank you.
10 THE CHAIRMAN: And they meet on a monthly
11 schedule. And I'm not sure that's going to
12 accommodate all of them, but hopefully it will
13 catch most of them.
14 MR. JOOST: Gotcha. Thank you,
15 Mr. Chairman.
16 THE CHAIRMAN: Item 6, 2011-13, is
17 deferred.
18 Item 7, 2011-14.
19 Mr. Kelly.
20 MR. KELLY: Thank you.
21 To the Chair and to the Commission [sic],
22 ordinance 2011-14 seeks to rezone property
23 within the
24 currently zoned Industrial Water. This zoning
25 is going to PUD in order to, however, be
Diane M.
Tropia, Inc.,
31
1 compliant with the zoning requirements for the
2 enclave.
3 There's a site plan review component that's
4 required to be approved by City Council; hence,
5 the need for this rezoning. Essentially, it is
6 a site plan approval through a PUD. The
7 proposed use by the applicant and the property
8 owner would already be permitted under the
9 existing Industrial Waterfront zoning.
10 The plan is to rezone approximately
11 2.2 acres of land from IW to PUD. This is to
12 allow for a -- I guess a shipping -- let me --
13 maybe Greg can explain it better. It's --
14 basically, they take the barges, they pull them
15 up out of the river, and they repair and scrape
16 the barnacles off and make it new again.
17 The Department has reviewed this basically
18 for both consistency with the enclave
19 requirements and the intent of the enclave;
20 additionally, in terms of the consistency with
21 the comprehensive plan and the goals, objectives
22 contained within the plan.
23 We do find that the proposed site plan and
24 the conditions as proposed will buffer the
25 adjoining residential use. There are similar
Diane M.
Tropia, Inc.,
32
1 uses already in the enclave, lots of industrial
2 uses. It's very -- kind of a mixed character.
3 The intent is to really promote the external
4 compatibility and protect the single-family.
5 In this case, the Department is supporting
6 it with seven conditions as proposed. There is
7 an amendment from a letter that's dated
8 February 10th in your package specifically
9 amending the condition as it relates to the
10 8-foot-tall masonry wall.
11 I'll read, basically, all the conditions
12 into the record and then the amendment to
13 condition 5.
14 Condition 1, "The development shall be
15 subject to the original legal description dated
16 October 29th, 2010.
17 Condition 2, "The development shall be
18 subject to the original written description
19 dated October 29th, 2010.
20 Condition 3, "The development shall be
21 subject to the original site plan dated
22 October 29th, 2010."
23 Condition 4, "Transportation improvements
24 shall be made in accordance with the Development
25 Services Division memorandum dated December
Diane M.
Tropia, Inc.,
33
1 22nd, 2010, or as otherwise approved by the
2 Planning and Development Department."
3 Condition 5 has been changed specifically
4 to read, "An 8-foot-tall masonry wall shall be
5 installed and maintained along the south
6 property line to the extent that it is adjacent
7 to property utilized for residential uses."
8 Condition 6, "All cutoff fixtures shall not
9 have more than one percent of lamp lumens above
10 horizontal. All sag lenses, drop lenses, and
11 convex lenses shall be prohibited. Illumination
12 levels at all property lines shall not exceed
13 one half a footcandle when the building or
14 parking areas are located on [sic] adjacent to
15 residential areas and shall not exceed one
16 footcandle when abutting other nonresidential
17 properties.
18 "The house-side shields and other cutoff
19 reflectors shall be incorporated into the
20 lighting designs and meet this design standard.
21 To provide lighting that limits distortion of
22 colors of the building, landscape and pedestrian
23 activity areas, all lighting lamp sources within
24 the parking and pedestrian areas shall be metal
25 halide or compact fluorescent.
Diane M.
Tropia, Inc.,
34
1 "The maximum light pole height in all
2 parking areas should not exceed 20 feet.
3 "An exterior lighting design plan for the
4 development, including a photometrics plan,
5 pole, and fixture schedules shall be submitted
6 at the time of verification of substantial
7 compliance for review and approval by the
8 Planning and Development Department.
9 Condition 7, "Construction mitigation [sic]
10 on the site shall comply with all applicable
11 state and local regulations governing the
12 control of construction impacts, including noise
13 and dust.
14 "Construction on the site will be governed
15 under Section 368.202 of the Ordinance Code
16 and the rules adopted pursuant to that provision
17 by the City of
18 Protection Board, including the EPB Rule 4.208,
19 regulating the hours of operation, noise levels,
20 et cetera, during construction and/or
21 operational activities. The EPB Rule 4.208
22 prohibits the operation of construction
23 equipment between the hours of 10 p.m. and
24 7 a.m.
25 "The applicant or its successor shall
Diane M.
Tropia, Inc.,
35
1 provide notice of any construction activities
2 which may cause temporary and unusual
3 disturbances, such as pile driving. Such notice
4 shall be provided through the posting of a sign,
5 four square feet in area, on
6 the delivery of written notice to the
7 immediately adjoining single-family residential
8 neighbors to the south and west of the property
9 line [sic] at least seven days prior to such
10 construction activities."
11 Pending those seven conditions, the
12 Department is recommending approval.
13 THE CHAIRMAN: Thank you Mr. Kelly.
14 Did you get all that, Diane?
15 THE REPORTER: Yes.
16 THE CHAIRMAN: Good.
17 Any questions from the committee for
18 Mr. Kelly?
19 MR. REINGOLD: (Indicating.)
20 THE CHAIRMAN: Mr. Reingold, do you have a
21 question?
22 MR. REINGOLD: To the Chair, just a small
23 comment. At the beginning of condition number
24 7, I just want to clarify that the reference was
25 to Section 368.202.
Diane M.
Tropia, Inc.,
36
1 Thank you.
2 THE CHAIRMAN: Thank you for the
3 clarification.
4 Questions. Mr. Brown, did you have a
5 question?
6 MR. BROWN: Thank you, Mr. Chairman.
7 Just a question. Is this -- I had not
8 followed this. Is this the result of a planned
9 construction project or is this an
10 administrative update?
11 MR. KELLY: The --
12 MR. BROWN: This is an existing boatyard
13 now, isn't it?
14 MR. KELLY: No. This is the old
15 location -- or the current -- still location of
16 the
17 structure in the city of
18 a proposal to relocate that to either Heckscher
19 Drive or the zoo, I believe, is now the current
20 proposed location.
21 But this site, again, is -- it's zoned for
22 industrial waterfront development and it is
23 contained within the
24 part of the -- the criteria within the enclave
25 is having this site plan review go before
Diane M.
Tropia, Inc.,
37
1 council. It's not -- it's a rezoning in the
2 sense as it relates only to the site plan and --
3 and the provisions and intent within the
4 enclave; that is, to protect the residential
5 uses within the enclave.
6 MR. BROWN: Thank you.
7 THE CHAIRMAN: Thank you, Mr. Brown.
8 Any other questions for Mr. Kelly?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: All right. This is a
11 quasi-judicial matter. Does anyone have any
12 ex-parte communications to disclose?
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: I do have one e-mail that I
15 received from Mr. James Breland, so I'm going to
16 give this to staff for the record.
17 All right. We have a public hearing
18 scheduled this evening. The public hearing is
19 open. I have one speaker's card, Greg
20 Kupperman.
21 (Mr. Kupperman approaches the podium.)
22 THE CHAIRMAN: Mr. Kupperman.
23 MR. KUPPERMAN: Greg Kupperman, 200 First
24 Street,
25 To go further so that you understand what
Diane M.
Tropia, Inc.,
38
1 Mr. Kelly was referring to, this is for a dry
2 dock. It's a very small-scale dry dock in the
3 realm of dry docks. Cross State Towing has a
4 fleet of three tug boats and barges. There will
5 be a four-rail system with a winch, and the
6 winch will then pull these -- either tug boat or
7 barge up onto the dry land for restoration of
8 these vessels. The typical size of a tug boat
9 is about 30 by 70 feet long and the typical size
10 of a barge is 40 by 100. So on the scale of dry
11 docks goes, it's a very small-scale dry dock.
12 They have a direct working relationship
13
with the Port, not only the
14 terminal but also the Dames Point terminal as
15 well. And they have a relationship with the
16 Mayport Naval Base where they bring fuel and
17 materials to Mayport, as well as their tugs
18 bring the Navy vessels in and out of the
19
20 As far as the Grey Hotel, it was built in
21 1870. It's on site. We're working with the
22
23 Society, and we are going to be relocating that
24 with -- through Councilman Holt's office, the
25 Safari Club International, and we're going to be
Diane M.
Tropia, Inc.,
39
1 relocating that to the zoo.
2 And just -- if you would like to see what
3 it could potentially look like on the river and
4 the zoo, I've got this picture (indicating) that
5 shows us the location of the
6 restored in this location at the
7 Zoo.
8 I agree with all of -- I've been working
9 closely with the Planning and Development
10 Department, and I agree with all of the
11 conditions Mr. Kelly has read into the record,
12 as well as the amended condition number 5.
13 I'll be glad to answer any questions.
14 THE CHAIRMAN: Thank you, Mr. Kupperman.
15 Any questions from the committee?
16 MR. REDMAN: Yes.
17 THE CHAIRMAN: Mr. Redman.
18 MR. REDMAN: Thank you, Mr. Chairman.
19 Mr. Kupperman, on -- in the picture I have
20 here, it shows some boats tied up to docks
21 apparently on both sides of this. This spot, is
22 that -- is this residential boat docking?
23 MR. KUPPERMAN: The enclave is a mix of
24 several uses. There's an old crabbing factory
25 that's on
Diane M.
Tropia, Inc.,
40
1 commercial use. It's on
2 developing the site next door, which is a
3 marina. It has 34 boat slips, 80 dry stack,
4 bait/tackle, all the things that go along with
5 them -- a marina, working commercial waterfront.
6 In addition to that being right next door,
7 to the north there are other residences that are
8 in the tug boat business also that keep their
9 tug boats on the river in their backyard, and
10 there's also shrimpers that have their shrimp
11 boats that are -- their commercial building is
12 on the waterfront. There are residences there,
13 and then they also have shrimp boats.
14 So to the north is the marina and then to
15 the south is a tug -- another tug boat operator
16 and a shrimping/fishing operator.
17 MR. REDMAN: Okay. So these are probably
18 commercial boats that are on both sides of
19 the --
20 MR. KUPPERMAN: The boats to the south --
21 (Simultaneous speaking.)
22 MR. REDMAN: (Inaudible.)
23 MR. KUPPERMAN: The boats to the south are
24 commercial. The boats to the north are -- are
25 typical -- are a wide variety of working
Diane M.
Tropia, Inc.,
41
1 vessels, survey boats for the Corps of
2 Engineers. We keep -- we lease out to
3 fishermen. There's a wide variety of commercial
4 and recreational boats to the north.
5 MR. REDMAN: Okay. Thank you.
6 THE CHAIRMAN: Thank you, Mr. Redman.
7 Any other questions?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: Mr. Kupperman, thank you,
10 sir.
11 MR. KUPPERMAN: Thank you.
12 THE CHAIRMAN: Anyone else care to address
13 the committee?
14 AUDIENCE MEMBERS: (No response.)
15 THE CHAIRMAN: Seeing no one, then, the
16 public hearing is closed.
17 MR. JOOST: Move the amendment.
18 MR. REDMAN: Second.
19 THE CHAIRMAN: I'm sorry, Mr. Kupperman.
20 I forgot to ask you this question. And you
21 may have said it and I missed it, but do you
22 accept all the conditions as read into the
23 record?
24 MR. KUPPERMAN: As read into the record.
25 And they amended number 5 on the masonry
Diane M.
Tropia, Inc.,
42
1 wall. We've worked that out with Mr. Reingold
2 and Mr. Kelly this morning, yeah.
3 THE CHAIRMAN: Okay. Thank you, sir.
4 I'm sorry. Mr. Joost, did you have a
5 motion?
6 MR. JOOST: Move the amendment.
7 MR. REDMAN: Second.
8 THE CHAIRMAN: Motion on the amendment by
9 Mr. Joost, second by Mr. Redman.
10 Discussion?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: If not, all those in favor,
13 say yes.
14 COMMITTEE MEMBERS: Yes.
15 THE CHAIRMAN: Opposed, say no.
16 COMMITTEE MEMBERS: (No response.)
17 THE CHAIRMAN: By our action, you've
18 approved the amendment.
19 MR. JOOST: Move the bill as amended.
20 MR. BROWN: Second.
21 THE CHAIRMAN: Motion by Mr. Joost, second
22 by Mr. Brown.
23 Any discussion?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: If not, open the ballot,
Diane M.
Tropia, Inc.,
43
1 vote.
2 (Committee ballot opened.)
3 MR. CRESCIMBENI: (Votes yea.)
4 MR. BROWN: (Votes yea.)
5 MR. JOOST: (Votes yea.)
6 MR. REDMAN: (Votes yea.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Four yea, zero nay.
9 THE CHAIRMAN: By our action, you have
10 approved item 7, 2011-14.
11 Bottom of the page, item 8, 2011-15.
12 Mr. Huxford.
13 MR. HUXFORD: Thank you, Mr. Chairman.
14 Ordinance 2011-15 is an application to
15 rezone property located in the 11000 block of
16
17 Road, from Commercial Office to Residential Low
18 Density 60. The property contains --
19 approximately a third of an acre is
20 undeveloped. The resulting development would be
21 approximately two resident- -- well, there would
22 be two residential units.
23 We've reviewed this. We feel that this is
24 a downzoning that would reduce potential -- the
25 potential for intense development and would
Diane M.
Tropia, Inc.,
44
1 result in more appropriate residential
2 development given that the surrounding area is
3 residential in nature. It's also consistent
4 with the comprehensive plan, and we've
5 recommended approval. The Planning Commission
6 last week also recommended approval.
7 THE CHAIRMAN: Thank you, Mr. Huxford.
8 Any questions from the committee?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: All right. Seeing none,
11 the -- this is a quasi-judicial matter. Does
12 anyone have any ex-parte communication to
13 disclose?
14 COMMITTEE MEMBERS: (No response.)
15 THE CHAIRMAN: All right. Seeing none, we
16 have a public hearing scheduled this evening.
17 The public hearing is open. I have one
18 speaker's card, Corey Mann.
19 (Audience member approaches the podium.)
20 AUDIENCE MEMBER: Corey Mann, 2359 Huckins
21 Court, representing the owner.
22 And, as said, there is an amendment and we
23 are in agreement with all the amendments.
24 THE CHAIRMAN: With the conditions or --
25 I'm sorry.
Diane M.
Tropia, Inc.,
45
1 Mr. Reingold.
2 MR. REINGOLD: To the Chair, yes, the
3 amendment essentially is just to eliminate the
4 reference to RE number 161157-0000. That is an
5 incorrect reference. It is just the other
6 RE number.
7 THE CHAIRMAN: So you concur with that?
8 MR. MANN: Yes, sir, I do.
9 THE CHAIRMAN: Any questions for Mr. Mann?
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: All right.
12 MR. JOOST: Are you related --
13 THE CHAIRMAN: We had a question. He
14 wanted to know if you were related.
15 MR. MANN: Yes, sir, I am.
16 It doesn't show?
17 THE CHAIRMAN: Okay. Any other questions?
18 MR. REINGOLD: Oh, move to deny.
19 MR. JOOST: Yeah, move to deny.
20 THE CHAIRMAN: That just killed that deal.
21 MR. MANN: You're going to make my first
22 one real hard, huh?
23 THE CHAIRMAN: All right. Any other
24 speakers care to address the committee?
25 AUDIENCE MEMBERS: (No response.)
Diane M.
Tropia, Inc.,
46
1 THE CHAIRMAN: Seeing none, the public
2 hearing is closed.
3 MR. JOOST: Move the amendment.
4 MR. REDMAN: Second.
5 THE CHAIRMAN: Motion on the amendment by
6 Mr. Joost, second by Mr. Redman.
7 Discussion?
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: If not, all those in favor,
10 say yes.
11 COMMITTEE MEMBERS: Yes.
12 THE CHAIRMAN: Opposed, say no.
13 COMMITTEE MEMBERS: (No response.)
14 THE CHAIRMAN: By our action, you've
15 adopted the amendment.
16 MR. JOOST: Move the bill as amended.
17 MR. BROWN: Second.
18 THE CHAIRMAN: Motion on the bill as
19 amended by Mr. Joost, second by Mr. Brown.
20 Discussion?
21 COMMITTEE MEMBERS: (No response.)
22 THE CHAIRMAN: If not, open the ballot,
23 vote.
24 (Committee ballot opened.)
25 MR. CRESCIMBENI: (Votes yea.)
Diane M.
Tropia, Inc.,
47
1 MR. BROWN: (Votes yea.)
2 MR. JOOST: (Votes yea.)
3 MR. REDMAN: (Votes yea.)
4 (Committee ballot closed.)
5 MS. LAHMEUR: Four yea, zero nay.
6 THE CHAIRMAN: By our action, you have
7 approved item 8, 2011-15, as amended.
8 Turning to the top of page 4, item 9,
9 2011-16.
10 Mr. Huxford.
11 MR. HUXFORD: Thank you, Mr. Chairman.
12 Ordinance 2011-16 seeks to rezone property
13 located at
14 Mandarin, from Commercial Office to Commercial
15 Community General 1.
16 Staff has the reviewed application. We
17 find that it is consistent with the
18 comprehensive plan. We note that it's not
19 the -- adjacent to any residential districts, so
20 the potential uses would be compatible with the
21 surrounding area. We also note that there is a
22 preponderance of CCG-1 zoning in the area.
23 Subject to that, we are recommending
24 approval, and last week the Planning Commission
25 also recommended approval.
Diane M.
Tropia, Inc.,
48
1 THE CHAIRMAN: Thank you, Mr. Huxford.
2 This is a quasi-judicial matter. Does
3 anyone have any ex-parte communication to
4 disclose?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: All right. Seeing none, we
7 have a public hearing scheduled this evening.
8 The public hearing is open. I have one
9 speaker's card from Charles Mann.
10 (Mr. Mann approaches the podium.)
11 MR. MANN: Charles Mann, 165
12 Road, representing the landowner.
13 I'll stand by the Planning Department's
14 report and stand by for questions.
15 Thank you.
16 THE CHAIRMAN: Thank you, sir.
17 Any questions from the committee?
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: All right. Seeing none,
20 anyone else care to address the committee?
21 AUDIENCE MEMBERS: (No response.)
22 THE CHAIRMAN: Seeing no one else, the
23 public hearing is closed.
24 MR. JOOST: Move the bill.
25 MR. REDMAN: Second.
Diane M.
Tropia, Inc.,
49
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, open the ballot,
6 vote.
7 (Committee ballot opened.)
8 MR. CRESCIMBENI: (Votes yea.)
9 MR. BROWN: (Votes yea.)
10 MR. JOOST: (Votes yea.)
11 MR. REDMAN: (Votes yea.)
12 (Committee ballot closed.)
13 MS. LAHMEUR: Four yea, zero nay.
14 THE CHAIRMAN: By our action, you have
15 approved item 9, 2011-16.
16 Item 10 --
17 MR. MANN: Thank you.
18 THE CHAIRMAN: -- 2011-36 is deferred.
19 Item 11, 2011-37, is deferred, as is item 12,
20 2011-38.
21 Top of page 5, item 13, 2011-40, is
22 deferred. We've already taken up items 14 and
23 15. That takes us to the bottom of the page,
24 item 16.
25 Mr. Crofts.
Diane M.
Tropia, Inc.,
50
1 MR. CROFTS: Item number 16, 2011-55, is a
2 request by
3 its more recent administration and its
4 progressive approach to undertake and maximize
5 program opportunities that are provided through
6 the
7 of -- in this particular bill, to rehabilitate
8 three important historical structures on its
9 campus.
10 And, in this particular case, the Planning
11 and Development Department has evaluated the
12 ramifications of this particular request and has
13 certified that they are -- or it is consistent
14 with the 2030 Comprehensive Plan and the current
15 land development regulations, and we recommend
16 approval as it relates to this particular --
17 these particular projects on the affected
18 properties on the Edward Waters campus.
19 THE CHAIRMAN: Thank you, Mr. Crofts.
20 Any questions?
21 MR. JOOST: Move the bill.
22 MR. BROWN: Second.
23 THE CHAIRMAN: Motion by Mr. Joost, second
24 by Mr. Brown.
25 Discussion?
Diane M.
Tropia, Inc.,
51
1 COMMITTEE MEMBERS: (No response.)
2 THE CHAIRMAN: If not, open the ballot,
3 vote.
4 (Committee ballot opened.)
5 MR. CRESCIMBENI: (Votes yea.)
6 MR. BROWN: (Votes yea.)
7 MR. JOOST: (Votes yea.)
8 MR. REDMAN: (Votes yea.)
9 (Committee ballot closed.)
10 MS. LAHMEUR: Four yea, zero nay.
11 THE CHAIRMAN: By our action, you have
12 approved item 16, 2011-55.
13 Turning to page 6, item 17. Mr. Crofts, do
14 you have anything other -- anything different to
15 report or pretty much the same report?
16 MR. CROFTS: Very briefly, Mr. Chairman.
17 This is -- it's very similar to the
18 previous bill. In this particular case, they're
19 looking to use the Community Tax Contribution
20 [sic] Credit Program administered by the State
21 to -- actually, to construct a
22 10,000-square-foot criminal justice facility on
23 campus to serve the college and the campus and
24 the surrounding neighborhood.
25 Staff recommends approval.
Diane M.
Tropia, Inc.,
52
1 THE CHAIRMAN: Thank you, sir.
2 Any questions?
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: All right. Is there a
5 motion?
6 MR. JOOST: Move the bill.
7 MR. REDMAN: Second.
8 THE CHAIRMAN: Motion by Mr. Joost, second
9 by Mr. Redman.
10 Any discussion?
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: If not, open the ballot,
13 vote.
14 (Committee ballot opened.)
15 MR. CRESCIMBENI: (Votes yea.)
16 MR. BROWN: (Votes yea.)
17 MR. JOOST: (Votes yea.)
18 MR. REDMAN: (Votes yea.)
19 (Committee ballot closed.)
20 MS. LAHMEUR: Four yea, zero nay.
21 THE CHAIRMAN: By your action, you have
22 approved item 17, 2011-56.
23 The remaining two items on the agenda,
24 item 18, 2011-74, and item 19, 2011-78, are both
25 second and rerefer.
Diane M.
Tropia, Inc.,
53
1 Now, I have another speaker's card on
2 2011-78. We don't have a public hearing
3 tonight, but you're welcome to come up and talk
4 to us if you'd like, but we will be taking that
5 up -- Randy Ginzig.
6 AUDIENCE MEMBER: Just here to answer any
7 questions.
8 THE CHAIRMAN: Okay. We'll take that up, I
9 believe, in two weeks -- no -- yes, two weeks.
10 No, wait a minute.
11 Four weeks. Yeah, March 15. I'm sorry,
12 four weeks.
13 So you are welcome to come back in two
14 weeks. We won't have a public hearing in two
15 weeks either, but -- my recommendation would be
16 just maybe come back on the 15th and we'll be
17 good to go.
18 Anything else to come before the
19 committee?
20 MR. BROWN: Yes.
21 THE CHAIRMAN: Mr. Brown.
22 MR. BROWN: I have -- there have been
23 several sign waivers that we've made reference
24 to and -- during this season, I keep thinking
25 they're people that are out beside the road
Diane M. Tropia, Inc.,
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1 helping candidates, but it's a totally different
2 thing, it's a planning issue, isn't it?
3 Okay. I got it now. Thank you.
4 Thank you, Mr. Chairman.
5 THE CHAIRMAN: I see where you're coming
6 from, Mr. Brown.
7 All right. Anything else to come before
8 the committee?
9 COMMITTEE MEMBERS: (No response.)
10 THE CHAIRMAN: All right. This meeting is
11 adjourned. We will see you in two weeks.
12 (The above proceedings were adjourned at
13 5:50 p.m.)
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Diane M.
Tropia, Inc.,
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1 C E R T I F I C A T E
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3 STATE OF
4 COUNTY OF DUVAL :
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6 I, Diane M. Tropia, certify that I was
7 authorized to and did stenographically report the
8 foregoing proceedings and that the transcript is a
9 true and complete record of my stenographic notes.
10 Dated this 17th day of February, 2011.
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14 Diane M. Tropia
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Diane M.
Tropia, Inc.,