1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, June 3, 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.
ART SHAD, Committee Member.
15 JACK WEBB, Committee Member.
16
ALSO PRESENT:
17
RAY HOLT, City Council Member.
18 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Planning and Development Dept.
19 STEPHEN SMITH, Planning and Development Dept.
FOLKS HUXFORD, Zoning Administrator.
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 June 3, 2008 5:00 p.m.
3 - - -
4 THE CHAIRMAN: Good evening, ladies and
5 gentlemen.
6 We'll hereby call to order the Tuesday,
7 June 3rd meeting of the Land Use and Zoning
8 Committee.
9 Let the record reflect that council --
10 Land Use and Zoning Chair Michael Corrigan,
11 Vice Chair Clay Yarborough is here,
12 Councilmember Art Shad is here, and
13 Councilmember Richard Clark.
14 Visiting with us this evening is
15 Councilmember Ray Holt. He has two issues he'd
16 like to take up first, and we'll be happy to
17 oblige him.
18 The first one, I believe, Councilmember
19 Holt, is number 16 on your agenda, 2008-25.
20 2008-25. We'll open that public hearing.
21 We have one speaker this evening. We have
22 Susan Green.
23 (Audience member approaches the podium.)
24 THE CHAIRMAN: Good evening. How are you?
25 MS. GREEN: I'm great. How are y'all?
Diane M. Tropia,
3
1 Susan Green, Green & Kupperman, 200 First
2 Street, Suite B,
3 Probably you don't want me to spend a lot
4 of time on this since I've been before you twice
5 before, unless Mr. Holt would like for me to
6 answer any questions.
7 I did just talk to the Planning Department,
8 and there are some sketch conditions sketched
9 out, and I'm happy to agree to them.
10 If you just want to ask me any questions as
11 you move through, that's fine.
12 THE CHAIRMAN: Okay. I don't --
13 Councilmember Holt.
14 MR. HOLT: Thank you, Mr. Chairman.
15 I typically don't usually have a problem
16 with these kinds of things other than if there's
17 an addressing issue. Sometimes when you change
18 the road frontage and add additional properties,
19 you get address problems. If that's not going
20 to happen here, then I don't have a problem with
21 it at all.
22 If Ms. Green is complying with the Planning
23 Department, I think it can move forward because
24 I don't have an issue with it.
25 THE CHAIRMAN: Okay. Thank you,
Diane M.
Tropia,
4
1 Councilmember Holt.
2 I don't see any questions, so we'll close
3 the public hearing and go to the Planning
4 Department.
5 MR. KELLY: Okay. Thank you.
6 Through the Chair and to the committee, our
7 recommendation, based on the revised conditions,
8 is now to approve with conditions, subject to
9 condition 1, "The address shall be clearly
10 marked at the intersection" -- "for both
11 properties at the intersection of the private
12 driveway and
13 Condition 2, "The applicant shall install a
14 20-foot-wide stabilized travel surface
15 consisting of either coquina or a gravel
16 material along the private driveway up to the
17 building restriction line of the new dwelling
18 with roadside swales that provide for positive
19 drainage."
20 Condition 3, "The subject property shall
21 not be further subdivided unless the private
22 driveway is brought into compliance with City
23 right-of-way standards."
24 THE CHAIRMAN: Okay. Thank you, Mr. Kelly.
25 Is that what you were speaking of earlier,
Diane M.
Tropia,
5
1 Ms. Green?
2 MS. GREEN: Yes, sir. Thank you very much.
3 And Mr. Holt maybe wasn't privy to our
4 exhibit last week, so I did want to present that
5 again.
6 (Tenders document.)
7 THE CHAIRMAN: Okay.
8 MS. GREEN: Thank you.
9 THE CHAIRMAN: All right. We need an
10 amendment, please.
11 MR. CLARK: Move to amend to approve.
12 MR. SHAD: Second.
13 THE CHAIRMAN: I have a motion and a second
14 to amend and -- which would approve 2008-25.
15 All in favor signal by saying aye.
16 COMMITTEE MEMBERS: Aye.
17 THE CHAIRMAN: All opposed.
18 COMMITTEE MEMBERS: (No response.)
19 THE CHAIRMAN: The amendment carries.
20 MR. CLARK: Move the bill as amended.
21 MR. SHAD: Second.
22 THE CHAIRMAN: I have a motion and a second
23 on 2008-25 as amended.
24 Seeing no discussion, open the ballot,
25 record the vote.
Diane M.
Tropia,
6
1 (Committee ballot opened.)
2 MR. CORRIGAN: (Votes yea.)
3 MR. CLARK: (Votes yea.)
4 MR. SHAD: (Votes yea.)
5 MR. YARBOROUGH: (Votes yea.)
6 (Committee ballot closed.)
7 MS. LAHMEUR: Four yeas, zero nays.
8 THE CHAIRMAN: You just approved 2008-25.
9 Thank you.
10 MS. GREEN: Thank you very much.
11 THE CHAIRMAN: Councilmember Holt, was the
12 other one item 25?
13 (Mr. Webb enters the proceedings.)
14 MR. HOLT: Yes, sir.
15 THE CHAIRMAN: Item 25, on the bottom of
16 page 8, committee members.
17 Let the record reflect that Councilman
18 Holt -- Councilmember Webb has joined us.
19 Thank you very much. Good afternoon, sir.
20 We will open the public hearing on -264.
21 Do I have any speakers on -264?
22 MS. ALLEN: (Inaudible.)
23 THE CHAIRMAN: Is there anyone here to
24 speak on -264?
25 AUDIENCE MEMBER: (Indicating.)
Diane M.
Tropia,
7
1 THE CHAIRMAN: Come on up, sir.
2 (Audience member approaches the podium.)
3 THE CHAIRMAN: We need your name and
4 address for the record, please.
5 AUDIENCE MEMBER: Good evening -- good
6 afternoon.
7 My name is Bernard Cayer. Address is 16000
9 This matter is for the reconfiguration of
10 land. The land stays pretty much the same
11 size. It's because of the irregularity of the
12 shape that I wish to reconfigure it.
13 There's no additional structures being put
14 on or taken off. The 35-foot right-of-way that
15 I'm requesting is not uncommon out there. It's
16 a very rural area.
17 THE CHAIRMAN: Go ahead.
18 MR. CAYER: That's pretty much it.
19 THE CHAIRMAN: Okay. Perfect. Thank you.
20 Seeing no other speakers and seeing no
21 questions for that speaker, we will close that
22 public hearing, go to the Planning Department
23 for their input.
24 MR. KELLY: Thank you.
25 To the Chair and to the committee,
Diane M.
Tropia,
8
1 ordinance 2008-264 is a waiver of road frontage
2 seeking to reduce the required road frontage
3 from 80 feet to 35 feet.
4 Staff is of the opinion that this will kind
5 of set a negative precedent in this area. It's
6 a -- creating a flag lot. The applicant is
7 requesting to essentially reduce the existing
8 lot, of which -- has 80 feet of road frontage.
9 That meets the requirement from 80 feet to
10 35 feet in order to modify the -- the other lot
11 on the property.
12 We feel that this is really inconsistent
13 with the established development pattern and
14 contrary to maintaining the public health,
15 safety, and welfare.
16 We are recommending denial of this waiver.
17 THE CHAIRMAN: Okay. Thank you.
18 Councilmember Shad.
19 MR. SHAD: The light is not working.
20 Make a note that this light is broken, the
21 microphone.
22 This was before us two weeks ago, and I --
23 Mr. Holt, if you're here to speak on it,
24 I'll -- you'll hear shortly.
25 Just to refresh our memory -- I've thought
Diane M.
Tropia,
9
1 about this a couple of times over the last two
2 weeks. This has been on my mind as we prepared
3 to come back for this.
4 Having two legally conforming lots now,
5 right? And I believe the applicant shared --
6 either you're attempting to sell or you have a
7 contract on the home and the buyer would like
8 to -- configured differently?
9 MR. CAYER: I had a couple of people that
10 were interested in buying it, but the
11 irregularity of the shape of the lot was keeping
12 it from being sold.
13 MR. SHAD: Right. So you had the market
14 conditions or saying it would be a more
15 desirable lot if we were to grant this, and then
16 create an illegal lot, but it's more desirable,
17 which I can see it would be more desirable as
18 well that way.
19 So it was challenging thinking about how to
20 justify helping this man out. And he's come
21 before us asking for something that seems pretty
22 reasonable, but knowing that, you know, it -- it
23 is tough, for no other reason than the
24 marketability of a lot, to create a flag lot and
25 to have a -- something that would need a waiver
Diane M.
Tropia,
10
1 when it's perfectly good now except for the fact
2 that he can't get it sold the way he'd like it
3 to be sold.
4 So I feel for you, and I look forward to
5 what Mr. Holt has to say about this and probably
6 would just follow his lead on this one.
7 Thank you.
8 THE CHAIRMAN: Thank you.
9 Councilmember Holt, do you have input on
10 this one?
11 MR. HOLT: Thank you, Mr. Chair.
12 Does everybody have this (indicating) out
13 of your packets?
14 THE CHAIRMAN: (Nods head.)
15 MR. HOLT: It seems like it's a flag lot
16 already to me. On one side, it shows it with a
17 35-foot driveway and on the other side with an
18 80-foot driveway.
19 Again, with these kind of things, mainly my
20 concern is usually are we going to do something
21 that is going to cause irregularities in the
22 addressing, cause problems for our public safety
23 folks. And he's not creating any additional
24 homes, he's not changing any addresses, or
25 creating any irregularities. He's just making
Diane M.
Tropia,
11
1 the pole of the flag a little smaller.
2 So I don't have a problem with it, but the
3 Planning Department is dead set against this. I
4 just don't understand why, but -- but it seems
5 to me that all he's doing is kind of
6 reconfiguring two properties that currently
7 exist. They're not changing anything about it
8 other than the shape, and I -- I don't see that
9 it's going to cause any problems at all in the
10 neighborhood.
11 Thank you.
12 THE CHAIRMAN: Thank you.
13 Based on that input, I --
14 MR. CLARK: Move to amend to approve.
15 MR. SHAD: Second.
16 THE CHAIRMAN: I have a motion and a second
17 to amend to approve -264.
18 Any discussion on the amendment?
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: Seeing none, all in favor
21 say aye.
22 COMMITTEE MEMBERS: Aye.
23 THE CHAIRMAN: All opposed.
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: The amendment carries.
Diane M.
Tropia,
12
1 MR. CLARK: Move the bill as amended.
2 MR. SHAD: Second.
3 THE CHAIRMAN: I have a motion and a second
4 on 2008-264 as amended.
5 Seeing no speakers, open the ballot, record
6 the vote.
7 (Committee ballot opened.)
8 MR. CORRIGAN: (Votes yea.)
9 MR. YARBOROUGH: (Votes yea.)
10 MR. CLARK: (Votes yea.)
11 MR. SHAD: (Votes yea.)
12 MR. WEBB: (Votes yea.)
13 (Committee ballot closed.)
14 MS. LAHMEUR: Five yeas, zero nays.
15 THE CHAIRMAN: By your action, you have
16 approved 2008-264.
17 THE CHAIRMAN: Thank you, sir.
18 Did you fill out a blue card? Did I get
19 that from you?
20 MR. CAYER: Yes.
21 THE CHAIRMAN: Yeah, I got it. Thank you.
22 Thank you, Councilmember Holt.
23 MR. HOLT: Thank you.
24 THE CHAIRMAN: Committee members, we're
25 back to the beginning of our agenda.
Diane M.
Tropia,
13
1 Items 1, 2, and 3 -- 2005-1228, 2006-24,
2 and 2006-220 -- are deferred.
3 Page 3. 2006-360 is deferred.
4 2006-658. We'll open that public hearing.
5 Seeing no speakers, we'll continue that
6 public hearing.
7 Items 6 and 7, 2007-144 and -145, are
8 deferred.
9 We are now on page 4. All the items on
10 page 4 are deferred: 2007-384, -581, and -803.
11 Page 5. Item 11, 2007-1085. We'll open
12 that public hearing.
13 Seeing no speakers, we'll continue that
14 public hearing.
15 Item 12, 2007-1086. We'll open that public
16 hearing.
17 Seeing no speakers, we'll continue that
18 public hearing.
19 Item 13, 2007-1125. Open that public
20 hearing.
21 Seeing no speakers, we'll continue that
22 public hearing.
23 2007-1350. We'll open that public
24 hearing.
25 Seeing no speakers, we'll continue that
Diane M.
Tropia,
14
1 public hearing.
2 Committee members, we are now on page 6.
3 2008-23. We'll open that public hearing.
4 Seeing no speakers, we'll continue that
5 public hearing until August the 5th of this
6 year.
7 We've already done item 16.
8 Item 17, 2008-27. We will open that public
9 hearing.
10 Seeing no speakers, we'll close that public
11 hearing.
12 We have an amendment.
13 MR. SHAD: Move the amendment.
14 THE CHAIRMAN: Do I have a second on the
15 amendment?
16 MR. CLARK: Second.
17 THE CHAIRMAN: I have a motion and a second
18 on the amendment.
19 Go to the Planning Department to explain
20 the amendment, please.
21 MR. CROFTS: I defer to the Office of
22 General Counsel.
23 THE CHAIRMAN: Okay. Thank you.
24 MS. ELLER: Thank you.
25 To the committee, I apologize for arriving
Diane M.
Tropia,
15
1 late.
2 THE CHAIRMAN: That's okay.
3 MS. ELLER: The amendment is the PHS
4 amendment that was passed the last committee
5 cycle.
6 The amendment itself moves the enforcement
7 within the bill to the appropriate division
8 based upon government reorganization.
9 Additionally, it places the fee in the
10 appropriate place in the ordinance code. It
11 does not change the collection fee for receiving
12 the permit to allow dogs within designated
13 outdoor portions of public food service
14 establishments. That's retained at $250.
15 THE CHAIRMAN: Okay. We have a motion and
16 a second on the amendment. All in favor of the
17 amendment signal by saying aye.
18 COMMITTEE MEMBERS: Aye.
19 THE CHAIRMAN: All opposed.
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: The amendment carries.
22 MR. CLARK: Move the bill as amended.
23 MR. SHAD: Second.
24 THE CHAIRMAN: Motion and a second on
25 2008-27 as amended.
Diane M.
Tropia,
16
1 Seeing no discussion, open the ballot,
2 record the vote.
3 (Committee ballot opened.)
4 MR. CORRIGAN: (Votes yea.)
5 MR. YARBOROUGH: (Votes nay.)
6 MR. CLARK: (Votes yea.)
7 MR. SHAD: (Votes yea.)
8 MR. WEBB: (Votes yea.)
9 (Committee ballot closed.)
10 MS. LAHMEUR: Five yeas, zero nays.
11 THE CHAIRMAN: By your action, you have
12 approved 2008-27.
13 Item 18, 2008-40. Open --
14 MR. YARBOROUGH: Mr. Chairman, I didn't --
15 THE CHAIRMAN: Yes.
16 MR. YARBOROUGH: (Inaudible.)
17 THE CHAIRMAN: We need to redo the vote or
18 let the reflect that Councilmember Yarborough
19 voted "no" on the previous bill, so the vote
20 would be four to one on the previous bill.
21 All right. We're on 2008-40. We'll open
22 that public hearing.
23 Seeing no speakers, we'll continue that
24 public hearing.
25 Top of page 7. 2008-145. Open the public
Diane M.
Tropia,
17
1 hearing.
2 Seeing no speakers, we'll continue it.
3 Item 20, 2008-192. We'll open that public
4 hearing.
5 Seeing no speakers, we will continue it.
6 Item 21, 2008-227. We'll open that public
7 hearing.
8 Seeing no speakers, we'll continue that
9 public hearing.
10 We're on page 8 now, committee members.
11 2008-231. We will open that public hearing.
12 Seeing no speakers, we will continue that
13 public hearing.
14 Item 2008-236 is deferred.
15 Item 24, 2008-258. We'll open that public
16 hearing.
17 Seeing no speaker