Diane M. Tropia, Inc., P.O. Box 2375, Jacksonville, FL (904)

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1 City of Jacksonville April, 0 0 CITY OF JACKSONVILLE PLANNING COMMISSION MEETING Proceedings held on Thursday, April, 0 commencing at : p.m., City Hall, Council Chambers, st Floor, West Duval Street, Jacksonville, Florida, before Diane M. Tropia, a Notary Public in and for the State of Florida at Large. PRESENT: CHRIS HAGAN, Chairman. DANIEL BLANCHARD, Vice Chair. ABEL HARDING, Secretary. JERRY FRILEY, Commission Member. MARSHALL ADKISON, Commission Member. DAWN MOTES, Commission Member. BEN DAVIS, Commission Member. ALSO PRESENT: BILL KILLINGSWORTH, Director, Planning Dept. FOLKS HUXFORD, Chief, Current Planning. BRUCE LEWIS, Planning and Development Dept. LISA KING, Development Services Division. PAIGE JOHNSTON, Office of General Counsel. TYLER LOEHNERT, Duval County School Board. PATRICIA SALES, Planning and Dev. Dept P R O C E E D I N G S April, 0 : p.m THE CHAIRMAN: Welcome to the Jacksonville meeting. Today is April st, 0. :. And Diane, I'm sorry. Were you ready? THE REPORTER: Yes. THE CHAIRMAN: Okay. The time is now As a courtesy, please place any mobile phones or tablets on silent mode. And, at this time, if you will please join me and stand as we recite -- recite the Pledge of Allegiance and remain standing for a brief moment of silence. (The Pledge of Allegiance was recited; thereafter, a moment of silence occurred.) THE CHAIRMAN: Thank you. All right. Let the record reflect that we do have a quorum today, with Commissioners Hagan, Blanchard, Friley, Adkison, Harding, Motes. And Davis is -- will be -- Davis will be on his way. I think he's going to be a few minutes late. In attendance also, from our Duval County public schools, Mr. Tyler Loehnert. of sheets Page to of 0 0//0 0:: PM 0 0 Military representative Matt Schellhorn is not here today, but we do have the City of Jacksonville Planning and Development staff, as well as the Office of General Counsel. Time is granted by this body that each member of the public who wishes to speak before the Commission is limited to a three-minute presentation. It is important that an accurate record must be kept of the speakers and what they say. Everyone that wishes to speak, if they would please fill out a blue speaker's card, located in the front up here, hand those to Ms. Patricia Sales, and she'll get those to us when your item comes up. The speaker's testimony is taken by the court reporter, Ms. Diane Tropia. And it is important that a participant speak clearly into the microphone and only one person at a time. Any tangible material submitted with a speaker's presentation will become part of the public record and will be kept by this Commission. Therefore, please retain a copy of anything that is submitted. Decisions by the Commission on rezonings and land use amendments are recommendations only. The recommendations are transmitted to the City Council Land Use and Zoning Committee which ultimately votes on these matters for our next -- for another public hearing. LUZ may or may not follow the recommendations of the. Unless specifically deferred by LUZ, items voted on by the today are heard before Land Use and Zoning Committee in two weeks, on Tuesday, May rd, 0, in these council chambers at :00 p.m. For any questions, please see staff. A copy of the agenda is located in the back of the room. Items are generally addressed in the order in which they are listed on the agenda but may be taken out of order for sake of efficiency or to accommodate scheduling conflicts. At this time, I will ask members of the to address the minutes from our prior meeting, April th, 0. COMMISSIONER BLANCHARD: Mr. Chairman, I move approval.

2 City of Jacksonville April, COMMISSIONER HARDING: Second. THE CHAIRMAN: I have a motion and a second for approval of the minutes dated April th, 0. All those in favor? COMMISSION MEMBERS: Aye. THE CHAIRMAN: Opposed? THE CHAIRMAN: That motion passes. All right. Let's walk through the agenda. All right. Items to be deferred because of no report are: Page, E--0, WLD--0. Page, 0- and -. Page, Minor Mod -; 0-, 0-, 0-. So those items will be deferred because of no report. Items to be deferred at the request of -- MR. LEWIS: Mr. Chairman. THE CHAIRMAN: Hey. Did I miss one? MR. LEWIS: Well, yes. On page, 0-. THE CHAIRMAN: Yes? MR. LEWIS: That will be heard today. THE CHAIRMAN: Okay. And we have a report on that? MR. LEWIS: Yes, there's a report in your book. THE CHAIRMAN: In the book? MR. LEWIS: It is in the book. THE CHAIRMAN: Okay. All right. Thank you, Bruce. We will hear that. That is -- oh, I see it right there. It is listed down there. Okay. All right. Items to be deferred at the request of the agent: Page, 0-0. And I think I was notified that we do have some people in the audience that wish to speak on this item. So if -- if you do wish to speak on 0-0, I will open the public hearing and allow these participants to speak, unless they do not wish to speak. So is there anybody in the audience that wish to speak on this item? AUDIENCE MEMBERS: (Indicating.) THE CHAIRMAN: Why don't y'all come on up. (Audience members approach the podium. THE CHAIRMAN: Before you get started, did you fill out a blue speaker's card? AUDIENCE MEMBER: I did, sir. THE CHAIRMAN: Okay. Great. And then if you will give us your name and address for the record, and -- AUDIENCE MEMBER: My name is Marion Burke. I reside at 0 Cedar Point Road. THE CHAIRMAN: Great. AUDIENCE MEMBER: And my biggest disagreement with this request is that it's not consistent with the rest of our area. Right now, I would like to have a buffer before any homes are put in near me. I would like to have some heavy vegetation. We don't have enough fire departments. I don't want small lots. I don't want anything in our area that's going to change a 0- to 0-foot lot. I have turkey, right now, that come up to my cars where I park, on -and-a-half acres. I go through the woods, to Tidewater. Most of the animals end up in my yard. And it just concerns me to build that many houses on one acre. I don't want to see it done. We have two fire stations. There's,00 people in Zone. There are 0 homes for sale right now, and of them are 0//0 0:: PM Page to of 0 of sheets 0 0 foreclosures. At New Berlin this morning, the principal told me, there are, students attending school. There's approximately homes that have already been approved in 00, and about 00 of them are completed or have been sold. And the average income is $,000 for our area, or lower. And I just am against this with the way it stands, without having a much larger lot and more greenspace and definite buffers and privacy. I would like to see us be able to maintain the type of life we had always wanted to live. And thank you. THE CHAIRMAN: Very good. Thank you for your time. Do we have a -- have you spoken -- ma'am, have you spoken to the developer yet on this item? MS. BURKE: Yeah, we all have. AUDIENCE MEMBER: We have. Yes, sir. MS. BURKE: We went through that pre-meeting. Yeah. THE CHAIRMAN: Okay. All right. If you will give us your name

3 City of Jacksonville April, and address for the record. AUDIENCE MEMBER: Teresa Moore, Holstein Drive. Pretty much the same, so I won't beat the same horse, but it's very not consistent. This developer admitted that he's trying for -foot lots. We're fighting, right now, subdivisions with all 0-foot lots. We feel we've got enough starter homes. We need a big mix of lots, 0s, 0s, 0s, and maybe even some 0s, like Hickory Hill has. And the big issue here is going to be the buffers. He's talking about all his set-aside property, but he's really not getting into buffering the surrounding rural residential property. It's an invasion on the rural residential, but our biggest beef here on this one is -- we're not against development, not at all, but it needs to be development that we can all live in harmony together. And -foot lots belong in -- well, they belong in Springfield. That's where this developer builds. He builds in Springfield. And he's trying to bring Springfield to a rural residential area. And if you look on the maps, we have no -- no subdivision that has -- we don't have -foot lots. I don't think there's -foot lots anywhere until you get into the inner city part. So we are dead against this one. Thank you. THE CHAIRMAN: Great. Thank you for your time. All right. We're going to leave that public hearing open. I believe it's deferred one cycle. That's what I have on mine. So we will -- that item will come back up in two weeks. All right. Items to be heard today: Page, E--; E--, -, V--0. Page, Minor Mod -0, 0-, and 0-. Anybody have any objections to the order of the agenda today, or if we need to move anything around, I have not got any requests. THE CHAIRMAN: All right. Let's -- staff, if you'll start us off with -- Folks, if you start us off with E--. MR. HUXFORD: Mr. Chairman, may I suggest that we open E-- and E--, as they apply to the same property? THE CHAIRMAN: Yeah. MR. HUXFORD: They're just different suites within an office park. THE CHAIRMAN: Okay. MR. HUXFORD: Okay. THE CHAIRMAN: Why didn't we do them together? MR. HUXFORD: I don't know why. They were filed together. MR. LEWIS: They're two different applicants. MR. HUXFORD: Oh, two different applicants. Okay. That explains it. All right. Application for zoning exception E-- is for property at 0 Philips Highway, Suite A. This is on Philips Highway, just north of Baymeadows Road. The request is to allow for retail sales, including outside display, in the Light Industrial zoning district. Application for zoning exception E-- is the exact same request but is applicable to Suite A. Staff reviewed the application, and we of sheets Page to of 0 0//0 0:: PM 0 0 note a significant retail presence. Anybody that's familiar with US-, Philips Highway, and Baymeadows, knows there's a Lowe's, an Al's, and a shopping center, several other retail developments out there despite it being zoned Light Industrial. So we feel that the precedent is already set, and we are recommending approval of both of these with no conditions. THE CHAIRMAN: Great. Thank you. (Audience member approaches the podium.) THE CHAIRMAN: Mr. Gallup, thank you for being here. If you'll give us your name and address for the record -- oh, you're an attorney. AUDIENCE MEMBER: Good afternoon, Mr. Chairman. Randy Gallup, Alaskan Way, Jacksonville, Florida. I'm here on behalf of Bay Center Associates. THE CHAIRMAN: You're not an attorney, or you are an attorney? MR. GALLUP: I am not. THE CHAIRMAN: Okay. Let's swear you in

4 City of Jacksonville April, real quick. THE REPORTER: Do you affirm that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth? MR. GALLUP: I do. THE REPORTER: Thank you. THE CHAIRMAN: So just available for any questions? MR. GALLUP: Yes, sir. THE CHAIRMAN: Okay. Anybody else in the audience wishing to speak on E-- or E--? AUDIENCE MEMBERS: (No response.) THE CHAIRMAN: Seeing none, I will close the public hearing and bring it back to the Commission. COMMISSIONER BLANCHARD: Mr. Chairman, I move approval of E--. COMMISSIONER HARDING: Second. THE CHAIRMAN: I have a motion and a second for approval of E--. Discussion from the Commission? Commissioner Blanchard. COMMISSIONER BLANCHARD: Thank you, Mr. Chairman. A quick question to the applicant, Mr. Gallup. Through the Chair, the zoning exception is retail sales, including outside display. Is there going to be an outside display, or is that just part of -- that's part of the normal language? MR. GALLUP: That's part of the normal language from the IL code, sir. There will be no outside display associated with either one of these exceptions -- COMMISSIONER BLANCHARD: Okay. MR. GALLUP: -- other than signage on the building. COMMISSIONER BLANCHARD: Got you. MR. GALLUP: But no, there'll be no outside display, like automotive sales or anything like that. No. COMMISSIONER BLANCHARD: I was scratching my head, trying to figure out what outside display you may have for a hair salon. So you've answered the question. MR. GALLUP: But under the -- under IL, under an exception, it's just, it's worded exactly, "retail sales with outside display." We would be happy to delete that, if that was a condition. We just pulled it directly from the -- from the -- from the IL code. COMMISSIONER BLANCHARD: Thank you. No further questions, Mr. Chairman. THE CHAIRMAN: Any other comments or questions from the Commission? THE CHAIRMAN: Let the record reflect that Commissioner Davis has joined us, more than ten minutes late, but -- no, I guess not ten minutes late from when we started. All right. I have a motion and a second for approval of E--. All those in favor? COMMISSION MEMBERS: Aye. THE CHAIRMAN: Opposed? THE CHAIRMAN: That motion passes. COMMISSIONER BLANCHARD: Mr. Chairman, I move approval of E--. COMMISSIONER HARDING: Second. THE CHAIRMAN: I have a motion and a second for approval of E--. 0//0 0:: PM Page to of 0 of sheets 0 0 Discussion from the Commission? THE CHAIRMAN: Seeing none, all those in favor? COMMISSION MEMBERS: Aye. THE CHAIRMAN: Opposed? THE CHAIRMAN: That motion passes. Thank you. MR. GALLUP: Thank you very much. THE CHAIRMAN: All right. Page, E--. MR. HUXFORD: Thank you, Mr. Chairman. Application for zoning exception E-- is for property at Roosevelt Boulevard, on the Westside. This is the Starbucks that's not too far from Roosevelt Square. The request is to add beer and wine for on-premises consumption to the Starbucks, in the CCG- zoning district. You've seen a couple of these Starbucks. You're going to see a couple more. They're -- we've seen that they're introducing the concept of adding beer and wine for on-premises, just to boost evening sales.

5 City of Jacksonville April, We have no objections to this. We note that there's a La Nopalera and I think there's a sushi place, kind of across the way there, that's already serving alcohol. And then if you go further south, to Roosevelt Square, you've got Longhorn steaks, and a couple of other locations that serve alcohol. So we feel that it's compatible with the character of the area, and we forward to you a recommendation to approve. THE CHAIRMAN: Good. Thank you. (Audience member approaches the podium.) THE CHAIRMAN: If you will give us your name and address for the record, please. AUDIENCE MEMBER: Brian, Brian Plewinski, Ravenswood Road, Dania Beach, Florida. THE REPORTER: Sir, would you raise your right hand for me, please. MR. PLEWINSKI: (Complies.) THE REPORTER: Do you affirm that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth? MR. PLEWINSKI: I do. THE REPORTER: Thank you. THE CHAIRMAN: Great. Thank you. I have no other speakers' cards. So if you're just here for questions, that would be great. MR. PLEWINSKI: Just here for questions. THE CHAIRMAN: Let me -- let me close the public hearing and bring it back to the Commission first. COMMISSIONER BLANCHARD: Mr. Chairman, I move approval of E--. COMMISSIONER HARDING: Second. THE CHAIRMAN: I have a motion and a second for approval of E--. A lot easier this time when there's not a waiver, right? MR. PLEWINSKI: Yes. THE CHAIRMAN: And there's not an angry preservation society beating down your neck, too. I see no -- no concerns with this. I know this is right down the street from where I live, and the only -- the only thing that I've got a concern with is traffic, but not that beer and wine is going to affect traffic. So Commissioner Blanchard. COMMISSIONER BLANCHARD: Thank you, Mr. Chairman. Through the Chair to the applicant, Mr. Plewinski, fortunately, you won't get beat up this time, probably as much as last, because you don't have the -- the waiver of liquor distance. I'm still curious to hear how the business model will work with alcohol. I don't -- I think that there's some concerns from parents like me that, you know, kids go there, and -- and we wonder if this is really the right -- right move for Starbucks, but as far as the location, I don't see any reason that that location wouldn't be suitable for something like that in this instance. So I would be inclined to support it based on that. THE CHAIRMAN: I've got -- when are they going to start? Because I know we did this in San Marco. Have they already introduced it there yet? MR. PLEWINSKI: They have not. There's a remodel coming to San Marco. THE CHAIRMAN: Okay. of sheets Page to 0 of 0 0//0 0:: PM MR. PLEWINSKI: And they'll be rolling it out after that remodel. THE CHAIRMAN: Okay. Yeah, I'm just kind of -- I'm interested to see how -- how it works out and, as Commissioner Blanchard mentioned, you know, if it's really the right move, but we'll find out, right? MR. PLEWINSKI: Right. THE CHAIRMAN: Great. Any other comments from the Commission? THE CHAIRMAN: Seeing none, I have a motion and a second for approval of E--. All those in favor? COMMISSION MEMBERS: Aye. THE CHAIRMAN: Opposed? THE CHAIRMAN: That motions passes. Thank you for being here. MR. PLEWINSKI: Thank you. THE CHAIRMAN: All right. Page, Variance -0. MR. HUXFORD: Thank you, Mr. Chairman. Application for zoning variance V--0 is for property at Moncrief Road, West. This

6 City of Jacksonville April, is where Moncrief Road dead ends at Interstate, up in the northwest part of town. The variance is requesting two things. One is to allow -- allow for an accessory use without a primary use. Normally, if you -- and this is for a flagpole. Normally, if you're going to have an accessory structure, whether it's a tool shed or a pool, or anything that's not the principal use, you need to have a principal use to go with it. Otherwise, it's not accessory to anything. So they're asking to be able to put the flagpole here without having to put a house on the property. And we're familiar with the property. It's not feasible for residential development despite its zoning. It's just a little sliver of land that got chopped off when they built the interstate. The second request is to increase the height of an accessory structure from feet to feet, with their reason being that the -- right at this point, they want it to be seen from the interstate. And the interstate goes over railroad tracks, and so there's a large overpass. If it was limited to the feet, which is the -- I'm sorry -- the feet, which is the normal limit, that it would be not seen. So we have reviewed that. We note that it is RR-Acre. And despite the zoning, it's actually a fairly small lot. Like I said, we are supportive of the request, especially to have the accessory use, just let them put the flagpole there; however, we are recommending that the height limit be at feet. I know they have some objections to that. Our reason for that being that the feet is the standard height limit for any structure under the -- under our residential zoning district. I do want to note that it's going to be -- like I said, it's a flagpole. And we haven't reviewed it for what kind of flag is going to be flying because we don't know. We can't regulate content. It can be whatever they want to run up the flagpole, so to speak, but with that, we're recommending approval, but we're stopping at feet. And I know they're going to put some information on the record, to ask you to take it to feet, and we'll let you decide from there. THE CHAIRMAN: Thank you. If the applicant wants to come on up. (Audience member approaches the podium.) THE CHAIRMAN: Patricia, do we have any cards or just his? MS. SALES: Just his. THE CHAIRMAN: Okay. If you'll give us your name and address for the record, and Ms. Tropia is going to swear you in. AUDIENCE MEMBER: Calvin Hart, Victoria Chase Court, Jacksonville, Florida. THE REPORTER: Sir, would you raise your right hand for me, please. MR. HART: (Complies.) THE REPORTER: Do you affirm that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth? MR. HART: Yes, ma'am. THE REPORTER: Thank you. THE CHAIRMAN: Great. Please go ahead. MR. HART: Yes. The piece of property 0//0 0:: PM Page to of 0 of sheets 0 0 we're talking about at Moncrief, the variance is to allow the installation of a -foot pole honoring Florida veterans. As agreed upon with the zoning report, the land is surrounded by on one side, a railroad track, and a swamp. This particular parcel of land, as stated in the report, would not support a family dwelling. This location is only suitable for a flagpole. There's really nothing that that piece of property could be used for. The -foot pole, like I said, is to compensate for the overpass which is directly next to the piece of property. You wouldn't -- at a -foot pole, the flag wouldn't be visible from any -- any location. I mean, from the swamp or even the people in the back. The property was actually part of a larger piece of property that was -- that when was built, it was nipped off. cut it off. This little property fell on one side, the larger piece of property on the north side. It was originally, this property of property, when it was all together, the large piece was zoned industrial which does not have a restriction on

7 City of Jacksonville April, the flagpole height. The other side, directly across, like I said, does not have a restriction. And it used to be a piece of that property. Speaking with the owner of the site, Thomas Powell, who owned the original property, he was never aware this was rezoned. According to him, he wasn't aware of it, nor informed of this. When we went and looked at the property, the property is currently used as a dumping ground. If you look at the report, it ends right at the overpass. And it's just a dead-end road that's convenient, it seems, for people just to pull up with trash and throw it out. We've actually started cleaning up the property and hauled away several loads of trash from the property just to even see the pictures that they have today. We would like to honor veterans, and that's what we're calling it, a veterans flagpole. And that's what we intend to do. THE CHAIRMAN: Great. Anybody else in the audience wishing to speak on V--0? AUDIENCE MEMBERS: (No response.) MR. HUXFORD: Mr. Chairman. MR. CHAIRMAN: Yes, sir. MR. HUXFORD: There was something else I forgot to mention in my presentation. Anybody that drives up and down, in this area, you've seen a similar height American flag that flies at Duval Asphalt, about miles to the south of this, but the reason they're able to do that without having to come to you is because it's zoned Heavy Industrial. There's no height limitation. And also, if you travel I-, there's a cell tower that flies the American flag with some frequency right there, at Cassat and I-, but again, it's not residential. That one is zoned commercial. And that's why they were able to get that height. So the limitation here is that they're in a residential district. THE CHAIRMAN: Got you. All right. I probably should have done this earlier, but a quick ex-parte communication, I did speak to Councilman Carter, and he informed me that this was coming in front of the today. Nothing other was discussed otherwise for the application. So I will close the public hearing and bring it back to the Commission. COMMISSIONER BLANCHARD: Mr. Chairman, I move approval of V--0. COMMISSIONER HARDING: Mr. Chairman, I will second for the purposes of discussion and ask to be first on the queue. THE CHAIRMAN: I've got a motion and a second for approval of V--0. Commissioner Harding. COMMISSIONER HARDING: Thank you. Through the Chair, I do have a couple of questions for the applicant, if you don't mind. I reviewed the application. And before I get to the application specifically, I just have a couple questions for you. Do you hold the rank of commander with the Kirby Smith Camp, which is associated with the Sons of Confederate Veterans? MR. HART: Yes, sir. COMMISSIONER HARDING: Okay. That's what I wanted to understand. Are you -- are you familiar with the interchange of I- and I- of sheets Page to of 0 0//0 0:: PM 0 0 outside of Tampa? MR. HART: I haven't been to Tampa. COMMISSIONER HARDING: Okay. For my -- MR. HART: No. I take that back. I have been to Tampa. COMMISSIONER HARDING: For my -- my fellow commissioners, right outside, as you approach Tampa, at the intersection of I- and I-, you will find a piece of property that's owned by the Sons of Confederate Veterans that has and features the world's largest confederate flag. So I just wanted to -- to share that as some background to where -- to this. So specifically, are you familiar with the Flags Across Florida Project sponsored by the Sons of Confederate Veterans? MR. HART: Yes, sir. COMMISSIONER HARDING: And for my fellow commissioners who may not be aware, the Flags Across Florida Project is an initiative by the Sons of Confederate Veterans to place four gigantic confederate flags along major arteries in the state. And I do want to point out that this particular variance request is along I-,

8 City of Jacksonville April, right where it touches Moncrief Road. So it's interesting placement on their part. So with that as the background, as I reviewed the application, I noticed that nowhere in the application -- it looks as if staff made the assumption that we would be flying the American flag, which is why the U.S. Flag Code was used in this. MR. HART: The first -- the first flag that will go up will be the flag that was on my father's casket. He was an American Veteran, Korean Veteran. COMMISSIONER HARDING: So the first flag, but I did notice that in the application it says "a flag." It does not specify. So I just wanted to point that out, that I noticed that in the application. And based on that -- you know, just as I reviewed the application -- the reason this caught my eye, usually flagpoles aren't something that catches our -- our eye, I think, but I -- I happened to drive by the flag in Tampa twice this week, and it's something that catches my eye. And so with that, there is -- there is 0 absolutely no way that I can support this variance, and I would ask my fellow commissioners to support me on that. Thank you. THE CHAIRMAN: Thank you, Commissioner Harding. Other comments from the Commission? Commissioner Davis. COMMISSIONER DAVIS: The first flag that you said you're going to fly, is that going to be an American flag? MR. HART: Yes, it will be. There are several flags we intend to fly. One's a POW flag. Any veterans of Florida. COMMISSIONER DAVIS: Sure. MR. HART: The Florida flag. COMMISSIONER DAVIS: Do you plan on eliminating the flag, like it's suggested in the U.S. -- I think it's with the Flag Code. MR. HART: There's a flag -- there is a pole there now, an electrical pole. It seems at one time there was a billboard there that was -- I don't know how long ago it was taken down. There is an electrical pole there. So yes, we'll have lights. COMMISSIONER DAVIS: Have you looked into how you're going to do that? Because it seems like to me, if you're going to light a 0-foot -- -foot-tall flagpole, that's going to require a lot of illumination in the area. I mean -- MR. HART: It's not that much. Actually, when I looked into it, there's actually solar panels -- solar rigs that go on flagpoles at that height that light them up at night. COMMISSIONER DAVIS: I'm talking about -- MR. HART: They're on military bases. Everybody's doing solar now. COMMISSIONER DAVIS: I'm talking about the actual light being produced by these lights as far as being a distraction, causing -- MR. HART: Oh, no. The way they light them up, they illuminate up. They're made -- they're designed -- lighting design for flagpoles are to not become a nuisance to drivers and such. And it's actually feet. I mean, it's feet below the surface of the overpass. So the light going to the flag would be just illuminated at the flag. It's not aimed toward 0//0 0:: PM Page to of 0 of sheets 0 0 the drivers and such. COMMISSIONER DAVIS: Thank you. THE CHAIRMAN: Thank you, Commissioner Davis. Commissioner Friley. COMMISSIONER FRILEY: Thank you, Mr. Chair. This is to the Planning Department staff. Folks, you mentioned a couple of flags in Jacksonville that doesn't have a height requirement. Do you know the actual height of those two locations? MR. HUXFORD: I don't know the specific height. I couldn't find a building permit, but I didn't delve that far into it. I just happen to have personal knowledge, being a Westside resident, of these two flags. The one at Duval Asphalt appears to be -- it's really tall, so probably somewhere in the neighborhood of to 0 feet. The cell tower that's over off of Cassat, it might be a little bit shorter, but it's still at least 0 feet, if not better. COMMISSIONER FRILEY: Okay. Thank you. And my next question is to the applicant.

9 City of Jacksonville April, During some of the questions, you -- you mentioned the first flag that you plan on putting up, the second flag. Is there a set plan for the flags, temporary or permanent? MR. HART: No, sir. COMMISSIONER FRILEY: And you -- MR. HART: I mean, it's going to be set up -- like I said, we're making it an established place for honoring veterans. The same thing -- I mean, we're friends of the park agreement. And Old City Cemetery, we've put up over a hundred headstones for veterans there. The American flag is flown in Old City Cemetery. We put it up. When it went bad, we put a new one up. COMMISSIONER FRILEY: Okay. I was just -- MR. HART: Yes, sir. COMMISSIONER FRILEY: You mentioned a couple of different flags. So I was just -- MR. HART: Right. COMMISSIONER FRILEY: -- just trying to see if there was a -- a plan where during the first year, you plan on -- MR. HART: No, no organ- -- in fact, flags of this size, you know, we're looking into -- you know, you can't let a flag get tattered. I mean, that's -- I mean, you're looking to the -- even the American flag. That's why we replaced the one in Old City. It's the cost. We'll have to look into the cost of the flags and stuff. I mean, we're taking it a step at a time. The first step is getting here, get the approval for the flagpole itself, which has been a major ordeal. Actually, finding a piece of property that works and figuring out the steps that it would go through and going through the right people to get here, it's been a long process to get where I'm standing today. COMMISSIONER FRILEY: Thank you. And my last question, back to the Planning Department, the recommendation is the height of the flagpole shall be limited to feet in height. Was there any discussion on making that unlimited or based on precedence and the -- the existing code, as you stated, is the reason that condition was placed in there? MR. HUXFORD: We reached the conclusion of feet because that's the maximum height of structures allowed in any of our residential districts. THE CHAIRMAN: Thank you, Commissioner Friley. Other Commissioners' comments? Mr. Loehnert. MR. LOEHNERT: Yeah, I also -- through the Chair to the applicant, I was reviewing the application also. And it says that you requested an increase of feet to feet. So somewhere along the way, you were under the impression that the height of the flagpole was permitted at 0 feet; is that correct? MR. HART: No, sir. Originally, when I went into it and called around, I originally thought that feet, according to how it was zoned, was what I was looking at, feet. I knew that after going out there, reviewing it, feet would put you underneath the overpass, so we had to come up to the feet. MR. LOEHNERT: Okay. I guess I'm a little confused because your application says you wanted to increase it feet, to feet in height. MR. HART: According to what came back later on, I found, according to the rules, that of sheets Page to of 0 0//0 0:: PM 0 0 feet was the standard for that zoning. So I guess it was -- you could put a -foot pole there now and I want to go to feet. MR. LOEHNERT: Okay. You clarified that for me. Thank you. THE CHAIRMAN: Commissioner Blanchard. COMMISSIONER BLANCHARD: Thank you, Mr. Chairman. I think Commissioner Harding's testimony was interesting. And, you know, in reading this, my notes that I wrote here previously was what flag and, you know, is that a condition because we've -- along with this application -- it doesn't specifically say the American flag, but there's all these attachments included with the application. Within the report, they talk about the American flag and how it works, which gives us the assumption that it was going to be an American flag, which I think was proven incorrect. So I think, based on that and based on some doubts that I have, and I don't know if it's intentional or subversive or what, but I just don't feel good about where we are with

10 City of Jacksonville April, this application, with some fairly compelling comments that were made. So I wouldn't be inclined to support this at this time. THE CHAIRMAN: Let me go real quick, as soon as Paige is done over there. Folks, when -- when was the -- do you know when the property was zoned to residential? Like, it started industrial and went to residential; is that correct? MR. HUXFORD: It's part of a larger tract that got nipped off when they built. And, of course, that was built back in the '0s, early '0s. THE CHAIRMAN: Okay. MR. HUXFORD: As far as when it became residentially zoned, I don't know. I can say that since at least the adoption of the Comprehensive Plan in, that that side of the interstate and that side of the railroad tracks has been zoned residential. THE CHAIRMAN: All right. My -- my real concerns are, yes, I have a concern with Commissioner -- what Commissioner Harding said, but I also have a concern with something flying that close to the interstate when it's the -- it'll be the only thing shooting up in the air. You know, with the Duval Asphalt flag, you have a bunch of different, you know, equipment and everything like that, and then there's a flag as well. With this, there's nothing, and then there's a flag. Another question I had for you, Folks, is -- take me back to the -- the cell towers. Is there some kind of -- if you have a cell tower with a flag on it, you can only put an American flag on it? Is that correct, or am I -- am I right in thinking that? I thought we did this before and you can only -- like, there's certain -- like, there's certain things we can grant as long as it's an American flag; is that correct? I could be going way off here. MR. LEWIS: It's been a while since we've had a tower like that. I believe that -- but I believe that you cannot regulate the content. If you approve the flagpole as a cell tower, you cannot regulate the content, although most companies do put an American flag on there. We certainly don't have any cell towers that have anything else on there, any other type of flag. THE CHAIRMAN: Okay. I could have swore, I remember doing something like that. Do you remember the same thing? Yeah, that we -- it came and, you know, it was like, we can approve, yeah, as long as it was an American flag on it. I may be crazy here, which wouldn't be the first time, but yeah, I just have a hard time approving something like that when it's not supposed to be there and it's the only thing shooting up in the air. And feet is a big flagpole, but I want to hear what the other commissioners have to say. Commissioner Adkison. COMMISSIONER ADKISON: I want to commend anyone trying to put anything up for a veteran. A -year veteran myself, combat veteran, I appreciate you using the word "veteran" and a flag. My question to you was, did you add the report here for the United States flag? MR. HART: No, sir. COMMISSIONER ADKISON: That was put in by staff? MR. HUXFORD: Yeah. 0//0 0:: PM Page to 0 of 0 of sheets COMMISSIONER ADKISON: Because when I reviewed it, I was under the assumption that this was for an American flag only. And so I know we can't ask, but are you going to fly any Confederate flags or Georgia flags or any other flags that would bring an issue? MR. HART: Any -- any veteran's flag we will put up. Yeah, we could put a First National flag up there, a POW flag. To answer your question, yes. COMMISSIONER ADKISON: Okay. Thank you. THE CHAIRMAN: Commissioner Motes. COMMISSIONER MOTES: I don't have anything. THE CHAIRMAN: Any other comments from the Commission? Commissioner Harding. COMMISSIONER HARDING: Just one last comment. I think, you know, to Commissioner Adkison's point, it appears that this was very vague. When we talk about a veteran's flag, "veterans" could apply to anything. And I think that -- I don't want to say we were misled, but I think that the application was worded in such a way that it confused a lot of

11 City of Jacksonville April, people and a lot of assumptions were made. And so, once again, I can't support it and I would hope that everyone would join me in that. Thank you. THE CHAIRMAN: I would agree with Commissioner Harding. It is pretty vague. And I think if we had more specifics on what this was, I mean, I would -- I don't know. I hate -- I hate to use the "D" word, but -- not Daniel, not David. Deferral. But, you know, this is tough, this is really tough. I think there's just a lot of concerns here and I find it hard to support too. So -- hey, Paige, do you want to go? Do you want a shot at this one? MS. JOHNSTON: Through the Chair, I would just like to point out something that the Chair said earlier. The request itself is for a flagpole, not what's going to fly on the flagpole. So if there is concern about the particular flagpole and it's appropriateness at that location or the height, or something along those lines, then if the Commission is inclined to vote in the negative, I would encourage you to state what reasoning it would be for that. THE CHAIRMAN: To deny this application because of the flag that's being flown is not -- is not correct is what you're saying? MS. JOHNSTON: Through the Chair, when staff introduced the item and -- and mentioned that we're not regulating content, we're actually regulating an accessory use, which is the flagpole. THE CHAIRMAN: Right. MR. JOHNSTON: So it's whether the flagpole is appropriate, not necessarily what would be flown from the flagpole. THE CHAIRMAN: And that's kind of where I was going with my comment with the cell tower. And I believe there could only be an American flag flying from a cell tower? MS. JOHNSTON: Through the Chair, I don't know that off the top of my head. You may be correct. The only law that comes to mind for me is, there's some statutory language having to do with homeowners' associations. And they -- and the language provides that a homeowner's association can't prohibit certain types of flags. They include the U.S. flag, the Florida flag, and the Army, Marines -- I think POW is included in that, too. That's the one that comes to mind to me, but there may be something about cell towers that I'm not aware of. THE CHAIRMAN: Okay. Commissioner Friley. COMMISSIONER FRILEY: Thank you, Mr. Chair. To the applicant, am I correct in saying that you're opposed to the staff's recommendation of feet? MR. HART: Yes, sir. With feet, it's underneath the overpass. COMMISSIONER FRILEY: Okay. Thank you. THE CHAIRMAN: I guess my next point is, if it's a memorial, you have to have -- do you have to be seen from to be a memorial, or your purpose is to be seen from, but if you're honoring veterans, it doesn't really matter? MR. HART: Well, like I said, if you look at the plat of land, there's a marsh on one side, a railroad track on the other, and a treeline that goes up maybe 0, 0 feet in the of sheets Page to of 0 0//0 0:: PM 0 0 back behind it. So it can't be visible from anywhere else. Thirty-five feet wouldn't be visible from anywhere -- THE CHAIRMAN: Right. MR. HART: -- unless you are riding down the train -- on the train track. THE CHAIRMAN: Okay. Commissioner Blanchard. COMMISSIONER BLANCHARD: Thank you, Mr. Chairman. I believe that this flagpole may be an issue for health and safety for traffic, and I call the question. THE CHAIRMAN: All right. I've got a motion to call the question. Is there a second? COMMISSIONER HARDING: Second. THE CHAIRMAN: I've got a motion and a second to call the question. All those in favor? COMMISSION MEMBERS: Aye. THE CHAIRMAN: Opposed? THE CHAIRMAN: I think the question was called. How many -- how many people do we have

12 City of Jacksonville April, in favor of it, in favor of calling the question? COMMISSION MEMBERS: (Indicating.) THE CHAIRMAN: Yeah, the question's called. All right. I've got a motion and a second for approval of V--0. Was that as conditioned? COMMISSIONER BLANCHARD: No. THE CHAIRMAN: Straight up. All those in favor? THE CHAIRMAN: All those opposed? COMMISSION MEMBERS: Aye. THE CHAIRMAN: The motion fails. Anybody else want to introduce another motion? COMMISSIONER BLANCHARD: Mr. Chairman, I move denial of V--0. COMMISSIONER HARDING: Second. THE CHAIRMAN: Commissioner Blanchard, would you be interested in a denial with return of fees or just straight denial? COMMISSIONER BLANCHARD: No. THE CHAIRMAN: Straight denial. All right. I've got a motion and a second of denial for V--0. Discussion from the Commission? Commissioner Loehnert. MR. LOEHNERT: I just have one question. Through the Chair to either Folks or Bruce, if this flagpole were located on the industrial end, right across the railroad tracks, would -- would there be a height restriction there or no? MR. HUXFORD: I don't believe so. And that's how Duval Asphalt got where they are. THE CHAIRMAN: Any other comments from the Commission? THE CHAIRMAN: I have a motion and a second for denial of V--0. All those in favor? COMMISSION MEMBERS: Aye. THE CHAIRMAN: Opposed? THE CHAIRMAN: That motion passes. All right. Didn't see that one coming. All right. Let's see. Page, Minor Mod -0. MR. LEWIS: Thank you, Mr. Chairman. This is application for minor modification to a planned unit development. MM-- seeks to revise the PUD development standards to allow for a reduction in the front yard setback from a minimum of feet, to a minimum of feet for front facades and/or porches, and 0 feet for both attached and detached front-facing garages. The current -acre PUD allows for a maximum of 0 single-family lots. Staff has reviewed this application. There is no change to the approved land uses. There is no increase in the number of dwelling units. The ratio of,000 and,000 lots for the subdivision still remains in effect. Driveways haven't changed. So the staff is recommending approval without condition for MM--. (Audience member approaches the podium.) THE CHAIRMAN: Ms. Hart [sic], thanks for being here. If you'll give us your name and address for the record. AUDIENCE MEMBER: Megan Perkins, 0 Tara Lane, Jacksonville, Florida. I am standing in for my partner and my 0//0 0:: PM Page to of 0 of sheets 0 0 dad, Curtis Hart. He can't be here today. THE CHAIRMAN: I meant Perkins. I didn't mean Hart. MS. PERKINS: That's okay. THE CHAIRMAN: Hang on one second. We need to swear you in. MS. PERKINS: I'm an attorney. THE CHAIRMAN: That's right. I don't even know -- I don't know anything about you. MS. PERKINS: I don't think you know me at all. THE CHAIRMAN: No, I don't. Great. Please go ahead. I don't have any more cards in opposition or in favor. MS. PERKINS: Okay. Great. Yeah, basically, we're just here asking for the -foot front setback for a porch, 0 for the garage. It's, right now, set at feet. We're not changing anything else in the PUD, and so we would just ask for your support. THE CHAIRMAN: Great. Thank you. Anybody else in the audience wishing to speak on Minor Mod 0-0? AUDIENCE MEMBERS: (No response.) THE CHAIRMAN: Seeing none, I will close

13 City of Jacksonville April, the public hearing and bring it back to the Commission. COMMISSIONER BLANCHARD: Mr. Chairman, I move approval of MM-0-0. COMMISSIONER FRILEY: Second. THE CHAIRMAN: I've got a motion and a second of Minor Mod 0-0. Discussion from the Commission? Commissioner Blanchard. COMMISSIONER BLANCHARD: Thank you, Mr. Chairman. Megan, does your dad send you to do these -- these tough ones? Is that -- is that what he does? You get the hard ones, and he sends you to get some sympathy or something? MS. PERKINS: I get the hard ones. No, his mother passed away yesterday. So he's -- COMMISSIONER BLANCHARD: I'm sorry to hear that. MS. PERKINS: He's doing, you know, family business this afternoon. COMMISSIONER BLANCHARD: I understand. And I was -- when I was in the back, I was watching you on TV actually, as I was walking through, and so I did hear the -- your 0 testimony. Why -- why do you need to reduce the setbacks? I mean, what -- specifically, what -- MS. PERKINS: Yeah, sure. The reason why, it gives us a little bit more flexibility where the placement of the house is. And also, it gives us a larger backyard for the future residents. So we'd like to give a little bit more options when we're going to sell the lots to the builders. COMMISSIONER BLANCHARD: And they're -- how big are the lots? Are they 0s? MR. PERKINS: There's -- yeah, there's 0-foot lots. There's also -- in the PUD, there's a minimum, I believe, of for 0-foot lots and then for 0-foot lots. And basically, there are two parcels surrounding the property that are RLD-0. And from my understanding, the standard for -- the standard front setback for an RLD-0 is 0-foot. So we're just asking for that additional feet for a porch, just to give some more options and then the house. COMMISSIONER BLANCHARD: Interesting. And I think that you're -- you're mostly surrounded by wetlands to the south and west and southeast? MS. PERKINS: Correct. COMMISSIONER BLANCHARD: No further questions, Mr. Chairman. THE CHAIRMAN: Was that a hazing? Commissioner Adkison. COMMISSIONER ADKISON: I've got a question to the applicant. The setback, is there -- I don't see a site plan. Is this going to have a sidewalk, or is it going to be set back from the sidewalk area? MS. PERKINS: There should be a sidewalk. Whenever we go to engineering, whatever they require us. I don't know if it's going to be on every side. I think it's usually opposite side. I don't think it's on both sides. To answer your question, I don't know if it's from the sidewalk. COMMISSIONER ADKISON: When you talk about foot and you've got a regular sedan vehicle and you put it in the right-of-way, you're blocking the sidewalk. So I'd like -- I'd like clarification on where the sidewalk is going to of sheets Page to of 0 0//0 0:: PM 0 0 be in relation to the setback because to drop yours back and say yes to that, and then all of a sudden you put a sidewalk in, then you're good one way and you're blocking the sidewalk. MS. PERKINS: I think it's from the right-of-way. So it would be, from the sidewalk, to the house, the feet for the front -- front porch, but the garage is 0 feet. Does that make sense? COMMISSIONER ADKISON: Yes. And I see it all the time. That's why I'm asking, because 0 -- foot from the sidewalk, to the front garage, is not enough room for a vehicle to park -- MS. PERKINS: Okay. COMMISSIONER ADKISON: -- and not take up the sidewalk. MS. PERKINS: The -- I'm sorry. I didn't mean to interrupt. The foot is not from the garage. It would still be 0 feet for the garage. The front is just for -- from the sidewalk to the front of the house. So if you have -- the only example I can show you, are you familiar with St. Augustine?

14 City of Jacksonville April, Sea Grove, you know, they have some sort of beach houses where there's a front porch, and it's half of the house, and then you have the garage. So the garage portion is 0 feet from the right-of-way. Does that make sense? COMMISSIONER ADKISON: So you're going to have 0 foot for the garage or the driveway of the house that will be, still, 0 foot from the right-of-way? MS. PERKINS: Correct. COMMISSIONER ADKISON: Okay. Thank you. THE CHAIRMAN: Any other comments from the Commission? THE CHAIRMAN: Seeing none, I have a motion and a second for approval of Minor Mod 0-0. All those in favor? COMMISSION MEMBERS: Aye. THE CHAIRMAN: Opposed? THE CHAIRMAN: Motion passes. All right. 0-, the one we are hearing today. MR. LEWIS: This is application for planned unit development. 0- seeks to rezone approximately -and-a-half acres from RMD-D and PUD to PUD. The rezoning is being sought so the property can be developed with the maximum of 00-multifamily dwelling units. The PUD also allows for single-family, housing for the elderly, adult -- adult congregate living facility and nursing homes. The existing -acre PUD allows for a maximum of single-family and multifamily units. The proposed site was originally developed as a central recreation amenity for the overall PUD; however, the PUD has developed with individual amenity centers within -- within each multifamily development. Staff finds that this is consistent with the Comprehensive Plan. This is in the Medium Density Residential land use category, which does allow up to 0 units per acre of multifamily. We also find that with the site plan and the written description, this does meet the -- the internal and external compatibility requirements. Generally, surrounding the area are multifamily and single-family dwellings. We feel this is -- this is an appropriate location. Also, the Duval County school district has indicated that the development will only produce new students. And those three -- the elementary, middle, and high school that are in that area are, right now, under capacity at that. As I -- with that, the staff is recommending approval of 0- with the four exhibits; the original legal description, revised written description, revised site plan, and the Development Services Division memorandum. THE CHAIRMAN: Thank you, Bruce. Patricia, do we have any cards on this? (Audience member approaches the podium.) THE CHAIRMAN: You know the routine, name and address for the record. AUDIENCE MEMBER: Mark Shelton, Kimley-Horn & Associates, Gran Bay Parkway West, Suite 0, Jacksonville, Florida. THE CHAIRMAN: Ms. Tropia, do you want to swear him in? He's one we don't trust. 0//0 0:: PM Page to of 0 of sheets 0 0 THE REPORTER: Do you affirm that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth? MR. SHELTON: I do. THE REPORTER: Thank you. THE CHAIRMAN: Go ahead, Mark. MR. SHELTON: Thank you, Mr. Chairman. I'm just here today to -- to speak about this item. This is an old PUD from. We're going to try to do a redevelopment of this blighted area. We held a community meeting and spoke to eight people there. They are mostly concerned about the pond, the existing pond, which when we said we're not going to touch, because it's waters of the State, they're okay with the development. We had a -- we had a resident here today, I spoke to her, she said the same thing. I spoke to a couple over the phone that called me, and they're happy to see something developed here. It's been sitting like this for a little while. And CPAC gave it a nod of approval. So I'll stand by if you have any

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