1 CITY OF JACKSONVILLE
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, May 20, 2008,
7 commencing at 5:00 p.m., City Hall, Council Chambers,
8 1st Floor,
9 Tropia, a Notary Public in and for the State of
10
11
12 PRESENT:
13 MICHAEL CORRIGAN, Chair.
CLAY YARBOROUGH, Vice Chair.
14 RICHARD CLARK, Committee Member.
MIA JONES, Committee Member.
15 ART SHAD, Committee Member.
JACK WEBB, Committee Member.
16
17 ALSO PRESENT:
18 JOHNNY GAFFNEY, City Council Member.
JOHN CROFTS, Deputy Director, Planning Dept.
19 SEAN KELLY, Planning and Development Dept.
KEN AVERY, Planning and Development Dept.
20
MARILYN ALLEN, Legislative Assistant.
21 MERRIANE LAHMEUR, Legislative Assistant.
22 - - -
23
24
25
Diane M.
Tropia,
2
1 P R O C E E D I N G S
2 May 20, 2008 5:00 p.m.
3 - - -
4 THE CHAIRMAN: Good evening, ladies and
5 gentlemen.
6 We'll call to order the Tuesday, May 20th
7 Land Use and Zoning Committee meeting.
8 I'm the Chairman, Michael Corrigan. Vice
9 Chairman Clay Yarborough is here, Councilmember
10 Richard Clark, Councilmember Jack Webb.
11 Councilmember Art Shad is here as well. He's in
12 the back. He'll join us in one second. Mia
13 Jones is in the back and will be here in one
14 second as well.
15 We do have a visiting councilmember
16 tonight, Dr. Johnny Gaffney.
17 Good to see you.
18 Dr. Gaffney, actually, since he is here,
19 we'll begin tonight with his bill, which is on
20 page 5, number 12, 2007-1046. We have a public
21 hearing on that. We will open that public
22 hearing.
23 We have several speakers. We have Bruce
24 Fletcher, Phil Neary, Joe Markusic -- excuse me,
25 Joe -- and Gloria Devall, and I'll take those in
Diane M.
Tropia,
3
1 any order that they want to come up.
2 Bruce, come on up first. I called you
3 first.
4 (Mr. Fletcher approaches the podium.)
5 THE CHAIRMAN: I don't know if there's an
6 order to it or not.
7 MR. FLETCHER: Mr. Chairman, Bruce
8 Fletcher,
9 I represent some area citizens that were
10 initially opposed to the bill as it was
11 written.
12 At the Planning Commission level, we were
13 able to come up with a compromise that the
14 Planning Commission recommended to this body,
15 and my clients are satisfied with it. Of
16 course, they would like more, but that's the
17 nature of a compromise. I don't think anyone's
18 really completely happy, but we can live with
19 it. And we would urge the council to adopt the
20 substitute as amended by the Planning
21 Commission.
22 And I'm here for questions if there are
23 any.
24 Thank you.
25 THE CHAIRMAN: Okay. Thank you,
Diane M.
Tropia,
4
1 Mr. Fletcher. I don't see any questions right
2 now. We'll call you back up if we see some.
3 Next is Phil Neary.
4 (Audience member approaches the podium.)
5 THE CHAIRMAN: Good evening.
6 AUDIENCE MEMBER: Good evening.
7 My name is Phil Neary. I live at 231 East
9 I would also ask that you approve the
10 bill -- the substitute bill as amended. Our
11 concern was that -- I am a board member of
12 Home Away From Home, and we were concerned that
13 we would allow [sic] to continue to help -- to
14 continue helping our clients and that we
15 remained grandfathered in, and the bill does
16 that now, so thank you.
17 THE CHAIRMAN: Thank you.
18 Joe Markusic.
19 (Audience member approaches the podium.)
20 THE CHAIRMAN: Joe, did I butcher it too
21 bad on my second try or not?
22 AUDIENCE MEMBER: That's all right. Close
23 enough.
24 You need my name and address, correct?
25 THE CHAIRMAN: Yes, please.
Diane M.
Tropia,
5
1 AUDIENCE MEMBER: Joe Markusic, 7027 Alpine
2 Street,
3 This has been a long time in coming to get
4 to this point. It's been about nine months. So
5 we're just going to take an opportunity to thank
6 you people because you have been patient and
7 working hard, just like we have, so --
8 The substitute, we don't see why they
9 amended it, but that's fine. Whatever you wish
10 to do, and we'll be happy with it.
11 Thank you.
12 THE CHAIRMAN: Thank you.
13 The final speaker I have is Gloria Devall.
14 (Audience member approaches the podium.)
15 AUDIENCE MEMBER: Gloria Devall, 7027
16 Alpine Street.
17 When we first brought this issue to
18 Dr. Gaffney, he was -- he very patiently
19 listened to us, and he -- several months ago, he
20 knew I was upset. He took me aside and said,
21 "Don't worry. I'm not going to let anything bad
22 happen to the houses."
23 (Ms. Jones enters the proceedings.)
24 MS. DEVALL: And I would like to take this
25 opportunity to -- through the Chair, to thank
Diane M.
Tropia,
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1 Dr. Gaffney, who stood by his word and found
2 some way out of a very difficult situation.
3 And I would also like to thank all of you
4 because the people who came up here and spoke,
5 they felt listened to and they felt so
6 respected, and it's really been a mind-blowing
7 experience for them because they didn't think
8 that important people would listen to what they
9 had to say, and it -- you taught them a -- an
10 amazing lesson.
11 Thank you.
12 THE CHAIRMAN: Thank you.
13 I see no further speakers, so we will close
14 the public hearing.
15 MR. YARBOROUGH: Move the amendment.
16 MR. CLARK: Second.
17 THE CHAIRMAN: I have a motion and a second
18 on the amendment.
19 THE CHAIRMAN: Dr. Gaffney, do you want to
20 talk on the amendment or talk on the bill or
21 what's your preference?
22 DR. GAFFNEY: (Inaudible.)
23 THE CHAIRMAN: Okay. Seeing no questions
24 or discussion on the amendment, all in favor of
25 the amendment signal by saying aye.
Diane M.
Tropia,
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1 COMMITTEE MEMBERS: Aye.
2 THE CHAIRMAN: All opposed.
3 COMMITTEE MEMBERS: (No response.)
4 THE CHAIRMAN: The amendment carries.
5 MR. YARBOROUGH: Move the bill as amended.
6 MR. CLARK: Second.
7 THE CHAIRMAN: Motion and a second on
8 2007-1046 as amended.
9 Dr. Gaffney, anything on the bill or not?
10 DR. GAFFNEY: No.
11 THE CHAIRMAN: You're good? Okay good.
12 Councilmember Yarborough.
13 MR. YARBOROUGH: Thank you, Mr. Chairman.
14 I'm happy to support the bill. I just
15 wanted to make a comment in response to what
16 Ms. Devall said.
17 I was very impressed when the speakers came
18 up and to hear that many had come through some
19 of the programs and through the home there, were
20 speaking very intelligently and were doing
21 careers now that were very reputable. One man,
22 I think, had gone through the bar exam and was
23 now an attorney and all of that.
24 And I was very impressed with all of the
25 speakers that came up, so I just wanted to
Diane M.
Tropia,
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1 mention that.
2 Thank you for your words tonight.
3 THE CHAIRMAN: All right. Thank you,
4 Councilmember Yarborough.
5 Seeing no further speakers, we'll open the
6 ballot, record the vote.
7 (Committee ballot opened.)
8 MR. CORRIGAN: (Votes yea.)
9 MR. CLARK: (Votes yea.)
10 MS. JONES: (Votes yea.)
11 MR. WEBB: (Votes yea.)
12 MR. YARBOROUGH: (Votes yea.)
13 (Committee ballot closed.)
14 MS. LAHMEUR: Five yeas, zero nays.
15 THE CHAIRMAN: By your action, you have
16 approved 2007-1046 as amended.
17 Dr. Gaffney, before you go, I will echo
18 what the speakers said and Councilman Yarborough
19 said. You've done a great job on this bill.
20 I really thought we'd eventually get back
21 here and have a very long, heated debate about
22 it. And the fact that we come tonight with the
23 support from the community and the district
24 councilperson is commendable, so I appreciate
25 it.
Diane M.
Tropia,
9
1 The floor is yours, sir.
2 DR. GAFFNEY: Thank you, Mr. Chairman.
3 I just want to thank everybody, all of my
4 colleagues. As I say, we do live in a
5 democracy. And we want our constituents to know
6 that their vote, their voice do matter, and
7 so --
8 But I know without my colleagues, with
9 all -- without all of us, communication, showing
10 some love and respect for each other, this could
11 have never happened. Everybody worked very
12 hard. Everybody was very diligent and patient.
13 You know, and I just -- I just appreciate
14 all the support I got from my colleagues and the
15 administration. You-all have been so wonderful,
16 and thank you so much for your support.
17 And I'm glad that we can come to some kind
18 of amicable resolution that everybody can live
19 for. That's why we're here. We're here to
20 represent the people and to make sure that
21 everybody have a voice and that -- and let them
22 know that their voice do matter.
23 And thank you once again. Appreciate it.
24 THE CHAIRMAN: Thank you, Councilmember
25 Gaffney.
Diane M.
Tropia,
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1 Okay. Committee members, we'll go back to
2 page 2 of our agenda, item number 1, 2005-718.
3 MR. CLARK: Move to withdraw.
4 MR. YARBOROUGH: Second.
5 THE CHAIRMAN: I have a motion and a second
6 to withdraw -718.
7 Seeing no discussion, open the ballot,
8 record the vote.
9 (Committee ballot opened.)
10 MR. CORRIGAN: (Votes yea.)
11 MR. CLARK: (Votes yea.)
12 MS. JONES: (Votes yea.)
13 MR. WEBB: (Votes yea.)
14 MR. YARBOROUGH: (Votes yea.)
15 (Committee ballot closed.)
16 MS. LAHMEUR: Five yeas, zero nays.
17 THE CHAIRMAN: By your action, you have
18 withdrawn 2005-718.
19 The following items will be deferred:
20 2005-1228, 2006-24, 2006-220, 2006-360,
21 2006-658, 2007-144, 2007-145, 2007-384,
22 2007-581, and 2007-803, which is at the top of
23 page 5.
24 We've already taken the second item on
25 page 5.
Diane M.
Tropia,
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1 We are now on item 13, 2007-1085. We'll
2 open that public hearing.
3 Seeing no speakers, we'll continue that
4 public hearing with no further action.
5 Page 6, item 14, 2007-1086. Open that
6 public hearing.
7 Seeing no speakers, we'll continue that
8 public hearing.
9 Item, 15 2007-1121. We'll open that public
10 hearing. We have one speaker card from Richard
11 Kravitz.
12 (Mr. Kravitz approaches the podium.)
13 THE CHAIRMAN: Good evening, sir.
14 MR. KRAVITZ: Good evening. Thank you,
15 Mr. Chairman.
16 Richard Kravitz,
17 representing the owner.
18 The applicant seeks to rezone approximately
19 40 acres from PUD to PUD for construction of
20 single-family residential homes on the south
21 side of
22 between
23 The submitted site plan highlights a
24 mixture of recreational space, open space, and
25 buffering interior to and around the property --
Diane M.
Tropia,
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1 the periphery of the property.
2 The proposed zoning is consistent with the
3 goals and objectives of the 2010 comp plan.
4 The rezoning was unanimously passed by the
5 Planning Commission last Thursday with certain
6 conditions that are spelled out on a Planning
7 and Development Department stationery dated
8 April the 24th, and we're in total agreement
9 with those eight conditions.
10 And then, Mr. Chairman and members, there
11 was an additional condition that Councilman Holt
12 recommended that I gave to the Planning
13 Department -- Mr. Crofts and, I think, legal has
14 a copy -- that we are also in agreement with as
15 well. And if you would like, if you want, I can
16 read that into the record or somebody else
17 could, but --
18 THE CHAIRMAN: We can let staff do it if
19 you --
20 MR. KRAVITZ: All right. That's fine.
21 We're in agreement with that one as well.
22 THE CHAIRMAN: Okay. Thank you very much.
23 Seeing no further speakers, so we'll close
24 that public hearing.
25 MR. WEBB: Move the amendment.
Diane M.
Tropia,
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1 MR. YARBOROUGH: Second.
2 THE CHAIRMAN: I have a motion and a second
3 on the amendment to -1121.
4 Planning Department, do you want to explain
5 the amendment, please.
6 MR. CROFTS: Yes, sir.
7 The amendment consists of the following
8 conditions. They are:
9 Number 1, "The development shall be subject
10 to the original legal description dated October
11 1st, 2007."
12 Number 2, "The development shall be subject
13 to the revised written description dated April
14 21st, 2008."
15 Number 3, "The development shall be subject
16 to the revised site plan dated April 18th,
17 2008."
18 Number 4, "The development shall be subject
19 to the review and approval of the Department of
20 Public Works Development Services Division
21 pursuant to their memorandum dated October 15th,
22 2007, FDOT, or as otherwise approved by the
23 Planning and Development Department."
24 Number 5, "Disclosure regarding proximity
25 of the firing range/gun club located adjacent to
Diane M.
Tropia,
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1 the project shall be identified on the plats and
2 disclosed in the sales documentation in a form
3 acceptable to the Office of General Counsel."
4 Number 6, "The maximum lot coverage shall
5 not exceed 50 percent."
6 Number 7, "Prior to PUD verification, an
7 amenity plan for the recreation area shall be
8 submitted for review and approval by the
9 Planning and Development Department.
10 Number 8, "The entry road right-of-way
11 shall be 60 feet wide and provide opportunities
12 for cross-access."
13 Condition number 9 and finally, "The
14 developer will provide masonry products as
15 accents on the fronts of all homes.
16 "Additionally, masonry products will be
17 provided on the sides of the buildings that
18 directly face street frontages and the backs of
19 buildings that directly face street frontages.
20 "Masonry products shall be defined as
21 cementitious siding, stucco, brick, stone or a
22 combination of these products. All vinyl siding
23 products used for exterior cladding shall be
24 Variform Contractor's Choice or equivalent with
25 a minimum thickness of 0.040 inches."
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 That concludes the amendment.
2 THE CHAIRMAN: Mr. Kravitz, that's what you
3 agreed to?
4 MR. KRAVITZ: Yes.
5 THE CHAIRMAN: All right. Thank you very
6 much.
7 I see no discussion on the amendment. All
8 in favor signal by saying aye.
9 COMMITTEE MEMBERS: Aye.
10 THE CHAIRMAN: All opposed.
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: The amendment carries.
13 MR. WEBB: Move the bill as amended.
14 MR. CLARK: Second.
15 THE CHAIRMAN: Motion and a second on
16 2007-1121 as amended.
17 Seeing no discussion, open the ballot,
18 record the vote.
19 (Committee ballot opened.)
20 MR. CORRIGAN: (Votes yea.)
21 MR. CLARK: (Votes yea.)
22 MS. JONES: (Votes yea.)
23 MR. WEBB: (Votes yea.)
24 MR. YARBOROUGH: (Votes yea.)
25 (Committee ballot closed.)
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MS. LAHMEUR: Five yeas, zero nays.
2 THE CHAIRMAN: By your action, you've
3 approved 2007-1121.
4 Thank you.
5 MR. KRAVITZ: Thank you very much.
6 THE CHAIRMAN: Item 16, 2007-1125. We'll
7 open that public hearing.
8 Seeing no speakers, we'll continue it.
9 2007-1350. We'll open that public
10 hearing.
11 Seeing no speakers, we'll continue it.
12 Page 7, top of the page. 2008-23. We'll
13 open that public hearing.
14 Seeing no speakers, we'll continue it.
15 Item 19, 2008-25. We'll open that public
16 hearing. We have speaker's card, Susan Green.
17 (Ms. Green approaches the podium.)
18 MS. GREEN: Thank you.
19 Susan Green of Green & Kupperman, 200 First
20 Street, Neptune Beach, Florida, representing the
21 landowners, Jeff and Sherry Bauer (phonetic).
22 Councilmember Holt said he was coming
23 today, but I wonder if he had a conflict. Just
24 to let you know, I did meet with him in between
25 our last meeting and this one, and he had been
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
17
1 out to the site and did not have a problem with
2 our request.
3