1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, May 6, 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.
E. DENISE LEE, Committee Member.
15 ART SHAD, Committee Member.
JACK WEBB, Committee Member.
16
17 ALSO PRESENT:
18 RAY HOLT, City Council Member.
JOHN CROFTS, Deputy Director, Planning Dept.
19 SEAN KELLY, Chief, Current Planning.
FOLKS HUXFORD, Zoning Administrator.
20 KEN AVERY, Planning and Development Dept.
21 MARILYN ALLEN, Legislative Assistant.
MERRIANE LAHMEUR, Legislative Assistant.
22
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23
24
25
Diane M.
Tropia,
2
1 P R O C E E D I N G S
2 May 6, 2008 5:00 p.m.
3 - - -
4 THE CHAIRMAN: Good afternoon, everyone.
5 Let's call to order the Tuesday, May 6th
6 meeting of the Land Use and Zoning Committee.
7 I'm Land Use and Zoning Chair, Michael
8 Corrigan. My vice chair is Councilmember Clay
9 Yarborough. We also have Councilmember Richard
10 Clark and Councilmember Jack Webb with us.
11 Councilwoman Mia Jones is excused, and I believe
12 a couple other council members will be here in a
13 few minutes.
14 We're going to start the agenda. I will
15 tell you that we're going to move around a
16 little bit on the agenda tonight. There's some
17 items that we need to make sure that we get
18 taken care of due to transmittal regulations.
19 We'll try to get to everything in a timely
20 process, but I may skip something and come back.
21 Before I start on -- item number 38 on
22 page 12 is 2008-258, which is repealing part 10
23 of the zoning code. Is there anyone here for
24 that particular bill tonight in the audience?
25 AUDIENCE MEMBERS: (Indicating.)
Diane M.
Tropia,
3
1 THE CHAIRMAN: We are not going to take any
2 action on that bill tonight. I would be happy
3 to get somebody from the Planning Department to
4 get with you and explain the process and the
5 timing of that process. There is a public
6 hearing that will be open tonight, but we will
7 not take any action.
8 You're welcome to speak, but your comments
9 may be more effective at the meeting where we
10 actually will take action.
11 So who from the Planning Department wants
12 to kind of get with them to --
13 MR. KELLY: (Inaudible.)
14 THE CHAIRMAN: Mr. Kelly will come down and
15 explain to you real quick what I'm talking
16 about.
17 Okay. Committee members, let's begin on
18 page 2 of our agenda. Items 1, 2, and 3 --
19 2005-718, 2005-1228, and 2006-24 -- are all
20 deferred.
21 Page 3. Item 4, 2006-220, is deferred;
22 item 5, 2006-360, is -- I'm going to open that
23 public hearing.
24 Seeing no speakers, we're going to close
25 that public hearing.
Diane M.
Tropia,
4
1 At the request of the applicant, we're
2 going to do no further action and wait and
3 readvertise the public hearing in September.
4 Appreciate it.
5 Item number 6, 2006-520.
6 MR. CLARK: Move to withdraw.
7 MR. YARBOROUGH: Second.
8 THE CHAIRMAN: I have a motion and second
9 to withdraw that bill.
10 Seeing no discussion, open the ballot and
11 record the vote.
12 (Committee ballot opened.)
13 MR. CORRIGAN: (Votes yea.)
14 MR. YARBOROUGH: (Votes yea.)
15 MR. CLARK: (Votes yea.)
16 MR. WEBB: (Votes yea.)
17 (Committee ballot closed.)
18 MS. LAHMEUR: Four yeas, zero nays.
19 THE CHAIRMAN: By your action, you've
20 withdrawn 2006-520.
21 Item number 7, 2006-658. We'll open that
22 public hearing.
23 Seeing no speakers, we'll continue that
24 public hearing until June 3rd.
25 Top of page 4. Item 8, 2007-144. We'll
Diane M.
Tropia,
5
1 open that public hearing.
2 Seeing no speakers, we'll continue that
3 public hearing to June 17th.
4 Item 9, 2007-145. We'll open that public
5 hearing.
6 Seeing no speakers, we will continue that
7 public hearing on June 17th -- until June 17th.
8 Item 10, 2007-384 is deferred, as well as
9 item 11 and 12, 2007-581 and 2007-803. Those
10 are deferred.
11 Bottom of page 5, 2007-1046. We'll open
12 that public hearing.
13 Seeing no speakers, we'll continue that
14 public hearing with no further action.
15 Item 14, 2007-1061. We'll open that public
16 hearing.
17 Seeing no speakers, we'll close that public
18 hearing.
19 (Mr. Shad enters the proceedings.)
20 (Ms. Johnston approaches the podium.)
21 MS. JOHNSTON: Mr. Corrigan.
22 THE CHAIRMAN: Yes. I'm sorry, Paige.
23 MS. JOHNSTON: I'm here for that item.
24 THE CHAIRMAN: We do have a speaker.
25 MS. JOHNSTON: You're moving too fast for
Diane M.
Tropia,
6
1 me.
2 THE CHAIRMAN: We'll reopen that public
3 hearing.
4 Paige Johnston. Good afternoon.
5 MS. JOHNSTON: Paige Johnson, 1301
6 Riverplace Boulevard, on behalf of --
7 THE CHAIRMAN: Paige, hang on one second.
8 Let the record reflect that Councilmember
9 Art Shad has joined us.
10 Go ahead, Paige.
11 MS. JOHNSTON: Paige Johnston, 1301
12 Riverplace Boulevard, on behalf of the
13 applicant.
14 This is a companion rezoning to a land use
15 amendment which was approved in the fall 2007
16 series and it permits light industrial uses on
17 the property.
18 I am available for questions.
19 THE CHAIRMAN: Okay. Thank you,
20 Ms. Johnston.
21 Seeing no questions for the speaker, we'll
22 close that public hearing.
23 We have an amendment.
24 MR. CLARK: Move the amendment.
25 MR. WEBB: Second.
Diane M.
Tropia,
7
1 THE CHAIRMAN: A motion and second on the
2 amendment.
3 We'll go to the Planning Department to
4 explain the amendment.
5 MR. CROFTS: The amendment is the
6 following, Mr. Chairman:
7 Condition number 1, "The development shall
8 be subject to the original legal description
9 dated January 9th, 2008."
10 Condition number 2, "The development shall
11 be subject to the revised written description
12 dated April 30, 2008."
13 Number 3, "The development shall be subject
14 to the revised site plan dated March 17, 2008."
15 Number 4, "The development shall be subject
16 to the review and approval of the Development
17 Services Division pursuant to their memorandum
18 dated February 1, 2008, and the Transportation
19 Planning Division's memorandum dated
20 February 19, 2008, or as otherwise approved by
21 the Planning and Development Department."
22 Condition number 5, "The developer shall
23 install a buffer along the northern boundary of
24 the subject property consistent with the buffer
25 diagram dated May 2nd, 2008, attached hereto."
Diane M.
Tropia,
8
1 Thank you.
2 THE CHAIRMAN: Ms. Johnston, do you agree
3 with those amendments?
4 MS. JOHNSTON: Yes, we do.
5 THE CHAIRMAN: All right. She agrees with
6 the conditions.
7 Seeing 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 carried.
13 MR. CLARK: Move the bill as amended.
14 MR. WEBB: Second.
15 THE CHAIRMAN: A motion and second on
16 2007-1061 as amended.
17 Seeing no discussion, open the ballot and
18 record the vote.
19 (Committee ballot opened.)
20 MR. CORRIGAN: (Votes yea.)
21 MR. YARBOROUGH: (Votes yea.)
22 MR. CLARK: (Votes yea.)
23 MR. SHAD: (Votes yea.)
24 MR. WEBB: (Votes yea.)
25 (Committee ballot closed.)
Diane M.
Tropia,
9
1 MS. LAHMEUR: Five yeas, zero nays.
2 THE CHAIRMAN: By your action, you've
3 approved 2007-1061.
4 MS. JOHNSTON: Thank you.
5 THE CHAIRMAN: Thank you.
6 I forgot to mention that Councilmember Ray
7 Holt is with us this evening. He joined us to
8 visit.
9 So welcome.
10 We are on page 6, item 15, 2007-1085.
11 We'll open that public hearing.
12 Seeing no speakers, we'll continue that
13 public hearing with no further action.
14 Item 16, 2007-1086. Open that public
15 hearing.
16 Seeing no speakers, we'll continue that
17 public hearing.
18 Let the record reflect also that Council
19 President Davis has joined us this afternoon.
20 Welcome, Mr. President.
21 Item 17, 2007-1121. Open that public
22 hearing.
23 Seeing no speakers, we'll continue that
24 public hearing.
25 Item 18, 2007-1125. We'll open that public
Diane M.
Tropia,
10
1 hearing.
2 Seeing no speakers, we'll continue that
3 public hearing.
4 Committee members, items 19, 20, and 21 are
5 all companion rezonings and I'm going to go
6 ahead and open all three of those public
7 hearings at one time.
8 So the public hearing for 2007-1310, -1311,
9 and -1312 are all open.
10 (Mr. Harden approaches the podium.)
11 MR. HARDEN: Paul Harden, 1301 Riverplace
12 Boulevard.
13 The Planning Department recommended
14 approval. We agree with them.
15 I don't have anything else.
16 THE CHAIRMAN: Thank you, Mr. Harden.
17 Seeing no speakers -- no questions-- excuse
18 me -- for Mr. Harden, we'll close that public
19 hearing.
20 MR. CLARK: Move the bill.
21 MR. WEBB: Second.
22 THE CHAIRMAN: We have a motion and second
23 on 2007-1310.
24 Seeing no discussion, open the ballot and
25 record the vote.
Diane M.
Tropia,
11
1 (Committee ballot opened.)
2 MR. CORRIGAN: (Votes yea.)
3 MR. YARBOROUGH: (Votes yea.)
4 MR. CLARK: (Votes yea.)
5 MR. SHAD: (Votes yea.)
6 MR. WEBB: (Votes yea.)
7 (Committee ballot closed.)
8 MS. LAHMEUR: Five yeas, zero nays.
9 THE CHAIRMAN: By your action, you've
10 approved -1310.
11 MR. CLARK: Move -1311.
12 THE CHAIRMAN: A motion and a --
13 MR. YARBOROUGH: Second.
14 THE CHAIRMAN: -- second on 2007-1311.
15 Seeing no discussion, open the ballot,
16 record the vote.
17 (Committee ballot opened.)
18 MR. CORRIGAN: (Votes yea.)
19 MR. YARBOROUGH: (Votes yea.)
20 MR. CLARK: (Votes yea.)
21 MR. SHAD: (Votes yea.)
22 MR. WEBB: (Votes yea.)
23 (Committee ballot closed.)
24 MS. LAHMEUR: Five yeas, zero nays.
25 THE CHAIRMAN: By your action, you've
Diane M.
Tropia,
12
1 approved -1311.
2 MR. CLARK: Move -1312.
3 MR. YARBOROUGH: Second.
4 THE CHAIRMAN: A motion and second on
5 2007-1312.
6 Seeing no discussion, open the ballot and
7 record the vote.
8 (Committee ballot opened.)
9 MR. CORRIGAN: (Votes yea.)
10 MR. YARBOROUGH: (Votes yea.)
11 MR. CLARK: (Votes yea.)
12 MR. SHAD: (Votes yea.)
13 MR. WEBB: (Votes yea.)
14 (Committee ballot closed.)
15 MS. LAHMEUR: Five yeas, zero nays.
16 THE CHAIRMAN: By your action, you've
17 approved 2007-1312.
18 Committee members, we did have a speaker's
19 card back on 2007-1125 on page 7, so we'll
20 reopen that public hearing and I'll call up
21 Jack Morgan on 2007-1125.
22 (Audience member approaches the podium.)
23 THE CHAIRMAN: Sorry about that. Good
24 evening.
25 AUDIENCE MEMBER: Good evening.
Diane M.
Tropia,
13
1 I'm here because we were approved pending
2 an agreement letter between Parks and Recreation
3 and Lil' Nuggets, and we made every effort to
4 receive that letter. And there was a mix-up
5 with the secretary to the Parks and Recreation.
6 And although we did submit some correspondence
7 to them, they have not responded back with an
8 agreement to us.
9 THE CHAIRMAN: Okay. Can somebody from the
10 Planning Department get with him to -- or at
11 least --
12 Mr. Kelly, you want to comment on that or
13 not?
14 MR. KELLY: I would just say that we did
15 receive an e-mail from Shorty Robins regarding
16 the parking situation, and that they were not in
17 a favorable light to allow for the shared
18 parking arrangement. So that's basically why
19 it's still in this -- it's still sitting.
20 THE CHAIRMAN: Okay. Do you understand
21 that, Mr. Morgan?
22 MR. MORGAN: Yes. But when we met with
23 Ms. Robins, she did indicate that there was a
24 section of their parking area that they would
25 allow us to use if we agreed to bring it up to
Diane M.
Tropia,
14
1 standards for parking. And we do have a letter
2 stating that we would agree to that, and we were
3 expecting them to come back with an agreement
4 allowing us to do that.
5 THE CHAIRMAN: Okay. What we'll do is --
6 we're going to continue this public hearing
7 anyway, and we'll look into it between now and
8 the next LUZ meeting and see if we can't get
9 some resolution and take action at the next
10 committee meeting.
11 MR. MORGAN: Thank you.
12 THE CHAIRMAN: Thank you. Appreciate it.
13 MR. MORGAN: All right.
14 THE CHAIRMAN: Seeing no further speakers,
15 that public hearing is closed.
16 Okay. Committee members, we are on the top
17 of -- or actually page 8, item 22, 2007-1350.
18 We will open that public hearing.
19 Seeing no speakers, we'll continue that
20 public hearing with no further action.
21 Item 23, 2008-23. We'll open that public
22 hearing.
23 Seeing no speakers, we'll continue that
24 public hearing.
25 Item 24, 2008-25, is deferred.
Diane M.
Tropia,
15
1 Page 9, 2008-27. We will open that public
2 hearing.
3 Seeing no speakers, we'll continue it.
4 Councilmember Shad.
5 MR. SHAD: Thank you, Mr. Chairman.
6 Just wanted to note that Finance did take
7 action. Why is it not on here? Yeah, we moved
8 this out of Finance for -- in the affirmative.
9 THE CHAIRMAN: Okay.
10 MR. SHAD: So I don't know why it's not
11 marked accordingly.
12 Do y'all know why the Finance --
13 THE CHAIRMAN: They brought it to my
14 attention immediately following the agenda
15 meeting, and what we talked about doing was --
16 since we didn't have time to notify about the
17 public hearing, we'll bring it up next --
18 MR. SHAD: Absolutely. Whatever you'd
19 like. This is the final committee that -- it
20 rests in here.
21 Thank you.
22 THE CHAIRMAN: Perfect. Our goal is to
23 take it up. We're actually going to -- our next
24 meeting is on the 20th, so we'll open and
25 continue that to May 20th and attempt to take
Diane M.
Tropia,
16
1 action at that point.
2 Thank you, Councilmember Shad.
3 We are now on item 26, 2008-40. We'll open
4 that public hearing.
5 Seeing no speakers, we'll continue that
6 public hearing to June 3rd.
7 Bottom of page 9, 2008-145. We'll open
8 that public hearing.
9 Seeing no speakers, we'll continue it till
10 June 3rd.
11 Committee members, we're on page 10,
12 item 28, 2008-192. We'll open that public
13 hearing.
14 Seeing no speakers, we'll close that public
15 hearing.
16 We have a substitute.
17 MR. YARBOROUGH: Move the sub.
18 MR. SHAD: Second.
19 THE CHAIRMAN: A motion and second on the
20 substitute.
21 Any discussion on the substitute?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: This is actually a bill that
24 I proposed. I encourage all the committee
25 members to take a look at the substitute when it
Diane M.
Tropia,
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1 passes this committee, and we will be taking
2 action in the next several meetings.
3 Se