1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, February 5,
7 2008, commencing at 5:00 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 MICHAEL CORRIGAN, Chair.
CLAY YARBOROUGH, Vice Chair.
14 MIA JONES, Committee Member.
E. DENISE LEE, Committee Member.
15 ART SHAD, Committee Member.
JACK WEBB, Committee Member.
16
17 ALSO PRESENT:
18 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Planning and Development Dept.
19 STEPHEN SMITH, Planning and Development Dept.
DYLAN REINGOLD, Office of General Counsel.
20
JESSICA STEPHENS, 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 February 5, 2008 5:00 p.m.
3 - - -
4 THE CHAIRMAN: Okay. We have a quorum, so
5 we will go ahead and call to order the Tuesday,
6 February 5th meeting of the Land Use and Zoning
7 Committee.
8 I am the Chairman, Councilmember Michael
9 Corrigan. We have Vice Chairman Clay
10 Yarborough, Councilmember Art Shad, and
11 Councilmember Jack Webb. We have a couple of
12 other committee members that we anticipate
13 joining us in a couple of minutes.
14 We have a number of things on the agenda
15 tonight. The last item that we'll take up this
16 evening is an appeal that is on page 12,
17 2008-11. That's an appeal of the final order of
18 the Planning Commission. It was discussed in
19 the agenda meeting earlier.
20 We will allow 20 minutes for each side to
21 present their case. I know that the appellant
22 has been told that. The opposition I did not
23 have a conversation with. If you're here in
24 opposition of that bill, I would suggest you
25 kind of -- if you want to raise your hand and
Diane M.
Tropia,
3
1 gather as a group and put together a group of
2 you that want to get together and figure out how
3 you want to give divvy up that 20 minutes,
4 that's fine with me, but it's going to be
5 20 minutes for each side.
6 So I think most of you know each other, if
7 you want to get together and figure that out
8 ahead of time. I'll be a little lenient on how
9 many minutes you have, but the total opposition
10 side will have 20 minutes. And as a standard
11 procedure in this committee, the appellant will
12 have an option of rebuttal if he has some of his
13 20 minutes remaining during his comments. Just
14 want to let you know that ahead of time.
15 There is a second appeal, committee
16 members, that we're going to hear tonight that
17 we are now going to open and continue the public
18 hearing. That's item 40 on your agenda,
19 2007-1350.
20 I've had ex-parte communications with the
21 appellant and with some of the opposition. We
22 have some ideas of potential compromise that I'd
23 like to have the opportunity to try to work out
24 prior to hearing that appeal.
25 My ex-parte communications took place with
Diane M. Tropia,
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1 Matt Jackson and the appellant. Matt Jackson is
2 the agent for that project. It happened
3 yesterday in the afternoon, and they also took
4 place this afternoon immediately following and
5 shortly after the agenda meeting to discuss a
6 potential compromise on that issue. And my
7 ex-parte with the opposition was just
8 understanding of the bill.
9 MR. WEBB: Mr. Chair.
10 THE CHAIRMAN: Yes.
11 MR. WEBB: I need to declare ex-parte.
12 THE CHAIRMAN: Let me tell you what. We're
13 talking about item 40. Let me open that public
14 hearing. I just declared my ex-parte.
15 I'll go to Councilmember Webb to declare
16 his.
17 MR. WEBB: Thank you, Mr. Chairman.
18 I had ex-parte communication with Mr. Matt
19 Jackson, representative for the developer, last
20 week, I believe. About a 25-minute telephone
21 conversation discussing the merits or his
22 position on the matter.
23 Thank you.
24 THE CHAIRMAN: Okay. Councilmember
25 Yarborough.
Diane M.
Tropia,
5
1 MR. YARBOROUGH: Thank you, Mr. Chairman.
2 Ex-parte on 2007-1315 on January 21st at
3 roughly 9 o'clock in the morning with Mr. Ernie
4 Isaac to talk about the history of this subject
5 and the merits of it.
6 Thank you.
7 THE CHAIRMAN: All right. I do have one
8 speaker card, Ms. Louise De
9 Louise, do you want to defer? Since we're
10 going to defer, do you want to --
11 MS. DE
12 THE CHAIRMAN: Okay. She recognizes -- she
13 will speak when we actually take up the bill.
14 Thank you. I appreciate it.
15 Seeing no further speakers, we will
16 continue that public hearing with no further
17 action.
18 Okay. Committee members, let's go back to
19 the beginning of our agenda. A number of items
20 are going to be opened and continued or
21 deferred.
22 We'll begin with item 1, 2005-718. We will
23 open that public hearing.
24 We have one speaker, Danny --
25 Danny, I can't pronounce your last name.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 Come on up.
2 (Audience member approaches the podium.)
3 THE CHAIRMAN: Ferreira.
4 AUDIENCE MEMBER: Ferreira (pronouncing).
5 THE CHAIRMAN: Sorry.
6 AUDIENCE MEMBER: Well, I'm just speaking
7 for myself. I'm not sure exactly where this
8 stands.
9 THE CHAIRMAN: Give me your name and
10 address for the record, please.
11 AUDIENCE MEMBER: Okay. Danny Ferreira,
12 14838 Edwards Creek Road in Jacksonville,
13 32226.
14 I guess I'm just speaking in opposition to
15 this because I don't know where it stands with
16 the City. My understanding is they're trying to
17 create some kind of advertisement at the bus
18 stops.
19 I've opposed this. And I'm assuming that
20 it's going forward with some kind of signed
21 agreement that they're going to be placing signs
22 on these bus stops around the City. Is this
23 correct?
24 THE CHAIRMAN: That is what the original
25 bill proposed.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. FERREIRA: Right. And there's been an
2 agreement to move this forward as far as --
3 MR. WEBB: Do you want me to respond to
4 that?
5 THE CHAIRMAN: Yes. Do you want to respond
6 to that?
7 If I could, let me get Councilmember Webb
8 to respond to your question.
9 MR. FERRIERA: Thank you.
10 MR. KELLY: I'm sorry. Your name is what?
11 MR. FERRIERA: Danny Ferreira.
12 (Ms. Jones enters the proceedings.)
13 MR. WEBB: Mr. Ferreira, the matter is
14 currently in the LUZ committee, also in the
15 Rules Committee. It's been deferred -- the bill
16 has been deferred numerous cycles to negotiate
17 some sort of compromise arrangement with the
18 community group that's in opposition to the
19 bill.
20 So we anticipate it will probably be
21 deferred for another four months or so while we
22 work out some -- attempt to work out a
23 compromise in the matter.
24 MR. FERRIERA: Right. Okay. Well, then
25 I -- I guess really what I want to do is to make
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 sure that I really get my verbal objections to
2 this kind of placing of advertisements around
3 bus stops around the city. I've seen this in
4 Portugal and Lisben, and it's not an attractive
5 thing in the downtown areas.
6 I just don't see why this even exists. It
7 seems to me that this is special interest
8 pushing agenda to push revenue-driven
9 advertisements in our city, like our painting of
10 our buses and stuff like this. And I just think
11 that this is something that -- this city, I
12 thought, worked very hard in previous
13 administrations to make sure that we did not
14 pollute, visually, our city.
15 I've traveled in various cities that I have
16 not seen this. And when I've traveled and seen
17 it, like I say, in Portugal, it's not
18 attractive. It's not attractive at all. So I
19 encourage that this type of special driven
20 revenue, whatever, just be stopped. It's not
21 what I expect the City of Jacksonville
22 government to be addressing.
23 Thank you all.
24 THE CHAIRMAN: Thank you.
25 And as we indicated, there will be no
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 action on this item.
2 Seeing no further speakers, that public
3 hearing will be continued with no further
4 action.
5 (Ms. Lee enters the proceedings.)
6 THE CHAIRMAN: Committee members, items 2
7 and 3, 2005-1161 and 2005-1228, will both be
8 deferred.
9 Top of page 3, item 2005-1399. We'll open
10 that public hearing.
11 Seeing no speakers, we'll close that public
12 hearing.
13 MR. YARBOROUGH: Move to withdraw.
14 MR. WEBB: Second.
15 THE CHAIRMAN: I have a motion and second
16 to withdraw 2005-1399.
17 Open the ballot, record the vote.
18 (Committee ballot opened.)
19 MR. CORRIGAN: (Votes yea.)
20 MS. JONES: (Votes yea.)
21 MS. LEE: (Votes yea.)
22 MR. SHAD: (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: Six yeas, zero nays.
2 THE CHAIRMAN: By your action, you've
3 withdrawn 2005-1399.
4 Items 5 and 6 on page 3 are deferred,
5 2006-24 and 2006-220.
6 All the items on page 4 and 5 are
7 deferred: 2006-360, -520, -658, 2007-144, -145,
8 -384, and -581.
9 We're on page 6 now, top of the page,
10 2007-659. We'll open that public hearing.
11 Seeing no speakers, we'll continue that
12 public hearing with no further action.
13 Item 15, 2007-803, is deferred.
14 Item 16, 2007-1011. We'll open that public
15 hearing.
16 Seeing no speakers, we will close that --
17 we'll continue that public hearing with no
18 further action.
19 Item number 17, 2007-1046. We will open
20 that public hearing.
21 Louise De Spain is here. I'll tell you
22 that at the agenda meeting today, the district
23 councilperson, Councilmember Gaffney, came and
24 talked about the meeting he had with a number of
25 institutions and people in the community. They
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 think they're working towards some type of
2 compromise. They are not ready to present that
3 tonight. They will most likely explain it at
4 the council meeting, which we'll have a public
5 hearing as well. We're looking at taking action
6 in the next cycle, the next two weeks from
7 tonight at this LUZ Committee.
8 I know Shannon Eller is here from OGC. Do
9 you have anything to add to that?
10 MS. ELLER: No, sir. Just a general
11 reminder that in two weeks the LUZ Committee
12 will be meeting on Wednesday instead of Tuesday
13 because we have a Monday holiday. So anyone
14 that is looking at an item on the agenda and
15 planning on coming back in two weeks, please
16 note that the LUZ Committee will be meeting on
17 Wednesday night.
18 THE CHAIRMAN: Oh, that's a good point.
19 Thank you.
20 MS. DE SPAIN: I'll wait to speak until
21 then.
22 THE CHAIRMAN: She will wait until then.
23 Thank you very much. We appreciate that.
24 Okay. Seeing no further speakers, we'll
25 continue that public hearing with no further
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 action.
2 Top of page 7, item 18 and 19, 2007-1051
3 and -1061, are both deferred.
4 Item number 20, 2007-1083. We'll open that
5 public hearing.
6 Seeing no speakers, we'll continue that
7 public hearing.
8 Item 21, 2007-1085. We'll open that public
9 hearing.
10 Seeing no speakers, we'll continue that
11 public hearing.
12 Page 8, item 22. We will -- 2007-1086.
13 We'll open that public hearing.
14 Seeing no speakers, we'll continue the
15 public hearing.
16 2007-1121. We'll open that public hearing.
17 Seeing no speakers, we'll continue that
18 public hearing.
19 Item number 24, 2007-1125. We'll open that
20 public hearing.
21 Seeing no speakers, we'll continue that
22 public hearing.
23 Committee members, on the bottom of page 8,
24 item number 25, 2007-1191. We're going to open
25 that public hearing.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 We have one speaker, Mr. Charles Mann.
2 (Mr. Mann approaches the podium.)
3 THE CHAIRMAN: Good evening.
4 MR. MANN: Mr. Chairman, members of the
5 committee, Charles Mann, 165 Arlington Road,
6 representing the landowner.
7 This piece of property is located on the
8 south side of Beach Boulevard, between Hodges
9 and San Pablo. It's going to be designed for a
10 self-storage facility of approximately four
11 stories.
12 We have worked very closely with the
13 neighborhood. We've agreed to have no access to
14 the rear of the building. We've left a 90-foot
15 buffer at the rear of the building. We've moved
16 the dumpster three times. We've limited hours
17 of operation. We've reduced the size of the
18 building to add to the buffer. We've agreed to
19 put windows. We've agreed to have no windows
20 facing south.
21 We've added a lighting consideration to our
22 application. The drainage that was an issue to
23 the neighborhood will be addressed through the
24 St. Johns Water Management District submittals.
25 I'd like to point out that we do not add to
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 school traffic. Our concurrency is very light
2 at this place because of the type of operation.
3 And from the neighborhood that we worked
4 with, we had one lady come and speak in our
5 favor at the Planning Commission.
6 If I have no other opposition, I will yield
7 to any questions you may have.
8 THE CHAIRMAN: Okay. I see no other
9 speakers, so I assume you have no opposition at
10 this point.
11 So seeing no other speakers, we'll close
12 the public hearing.
13 MR. WEBB: Move the bill.
14 THE CHAIRMAN: I'm sorry. Councilmember
15 Lee and Councilmember Jones -- I was going to
16 say that earlier -- they both joined us several
17 minutes ago. So welcome.
18 MS. LEE: Several hours.
19 THE CHAIRMAN: It was 5:02, I believe, is
20 when you -- you're right on schedule.
21 MR. YARBOROUGH: I'll second the motion.
22 THE CHAIRMAN: We have a motion and second
23 on the amendment.
24 Could we go to the Planning Department for
25 the explanation of the amendment, please.
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 MR. CROFTS: Yes, Mr. Chairman, members of
2 the committee, the amendment consists of 11
3 conditions, and they are as follows.
4 "The development shall be subject to the
5 original legal description dated October 22,
6 2007."
7 Number 2, "The development shall be subject
8 to the original written description dated
9 September 24, 2007."
10 Number 3, "The development shall be subject
11 to the revised site plan dated January 16,
12 2008."
13 Number 4, "The development shall be subject
14 to the Development Services memorandum dated
15 October 31, 2007, or as otherwise approved by
16 the Planning and Development Department."
17 Number 5, "All sides of the building shall
18 have architectural details, including faux
19 windows, variation in wall planes, contrasting
20 banding and pilasters. Flat roofs with parapets
21 shall have contrasting color caps. No plain
22 concrete block is permitted.
23 "Architectural (inaudible) shall be
24 submitted at the time of verification of
25 substantial compliance for review and approval
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 by the Planning and Development Department."
2 Number 6, "Front yard setbacks shall be
3 30 feet at a minimum."
4 Number 7, "The portion of the site in the
5 low density LDR functional land use category
6 shall not be used as a vehicle use area except
7 for emergency vehicles."
8 Number 8, "No windows on the south facade
9 shall allow a view from the interior to the
10 exterior of the building."
11 Number 9, "Illumination levels at all
12 property lines shall not exceed .5 footcandles.
13 Outside shields and other cutoff reflectors may
14 be incorporated into the lighting equipment to
15 meet this lighting standard."
16 Number 10, "The hours of customer access
17 shall be limited to 7:00 a.m. to 10:00 p.m."
18 Number 11, "The developer shall provide an
19 uncomplementary land use buffer meeting the
20 requirements of part 12 of the zoning code along
21 all property lines adjoining a residential use
22 or residential zoning."
23 That's it.
24 THE CHAIRMAN: Thank you.
25 Mr. Mann, do you agree with those
Diane M. Tropia, P.O. Box 2375, Jacksonville, FL 32203
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1 conditions?
2 MR. MANN: Yes, sir, we do.
3 THE CHAIRMAN: All right. Thank you.
4 MR. WEBB: Move the bill as amended.
5 THE CHAIRMAN: We're still on the
6 amendment.
7 All in favor of the amendment signal by
8 saying aye.
9 COMMITTEE MEMBERS: Aye.
10 THE CHAIRMAN: All opposed.
11 COMMITTEE MEMBERS: (No response.)
12 THE CHAIRMAN: The amendment carries.