1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, April 1, 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
17 ALSO PRESENT:
18 DANIEL DAVIS, President, City Council.
BILL BISHOP, City Council Member.
19 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Planning and Development Dept.
20 FOLKS HUXFORD, Zoning Administrator.
DYLAN REINGOLD, Office of General Counsel.
21 MARILYN ALLEN, Legislative Assistant.
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 April 1, 2008 5:00 p.m.
3 - - -
4 THE CHAIRMAN: Good evening.
5 I'll call to order the Land Use and Zoning
6 Committee meeting for Tuesday, April 1st. No
7 fooling, we're going to start on time.
8 Committee members, we are on page 2, item
9 number 1, 2005-718. We'll open that public
10 hearing.
11 Do we have any speakers on -718?
12 AUDIENCE MEMBERS: (No response.)
13 THE CHAIRMAN: Seeing no speakers, we will
14 close that public hearing.
15 Item number 2 is deferred.
16 The following items are deferred:
17 2005-1228, 2006-24, 2006-220, 2006-360, and
18 2006-520.
19 We are on the bottom of page 3, item
20 number 7, 2006-658. We'll open that public
21 hearing.
22 Seeing no speakers, we will continue it
23 until May the 6th.
24 Page 4. The following items are deferred:
25 2007-144, -145, -384, and -581.
Diane M.
Tropia,
3
1 Middle of page 5, 2007-659. We'll open
2 that public hearing.
3 Seeing no speakers, we'll continue that
4 public hearing.
5 Item 13, 2007-803, is deferred.
6 Item 14, 2007-1011. We'll open that public
7 hearing.
8 Seeing no speakers, we will close that
9 public hearing.
10 We have a --
11 MR. CLARK: Move the amendment.
12 MR. SHAD: Second.
13 THE CHAIRMAN: -- motion and a second on
14 the amendment to -1011.
15 We'll go to the Planning Department for
16 their input, please.
17 MR. CROFTS: Thank you, Mr. Chairman.
18 2007-1011. The amendment, is that where
19 we're at?
20 THE CHAIRMAN: Yes.
21 MR. CROFTS: The conditions are as
22 follows:
23 "The development shall be subject to the
24 original legal description dated January 15th,
25 2008."
Diane M.
Tropia,
4
1 Number 2, "The development shall be subject
2 to the original written description dated
3 January 15th, 2008."
4 Number 3, "The development shall be subject
5 to the revised site plan dated March 19th,
6 2008."
7 Number 4, "The development shall be subject
8 to the review and approval of the Development
9 Services Division pursuant to their memorandum
10 dated February 22nd, 2008, or as otherwise
11 approved by the Planning and development
12 Department."
13 Number 5, "No residential use shall be
14 allowed."
15 Number 6, "At the time of verification of
16 substantial compliance a landscape plan shall be
17 submitted for review and approval of the
18 Planning and Development Department.
19 "All existing trees greater than five-inch
20 dbh within the 10-foot uncomplementary land use
21 buffer along the south property line shall be
22 preserved."
23 Number 7 and finally, "There shall be a
24 wooden fence, 95 percent opacity, at 6 feet in
25 height along the south property line adjacent to
Diane M.
Tropia,
5
1 undeveloped parcels. Said fence shall be
2 located on the exterior of the 10-foot
3 uncomplementary land use buffer."
4 Thank you.
5 THE CHAIRMAN: All right. Thank you very
6 much.
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: Amendment carries.
13 MR. CLARK: Move the bill as amended.
14 MR. SHAD: Second.
15 THE CHAIRMAN: Motion and a second on
16 2007-1011 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,
6
1 MS. LAHMEUR: Five yeas, zero nays.
2 THE CHAIRMAN: By your action, you have
3 approved 2007-1011.
4 I forgot to say this at the beginning. The
5 members that are here are Councilmember Webb,
6 Councilmember Clark, I'm Chairman Michael
7 Corrigan, Councilmember Clay Yarborough is our
8 Vice Chairman, and Councilmember Shad is here.
9 Councilmembers Jones and Lee both have an
10 excusal for this evening.
11 We do have a visiting councilmember,
12 Councilmember Bill Bishop. I think Mr. Bishop
13 is here on an item that is on page 19, item
14 number 73.
15 Is that correct, Councilmember?
16 MR. BISHOP: Yes, that is.
17 THE CHAIRMAN: Okay. We will go ahead and
18 take that up. We've had a request for
19 withdrawal from the Airport Administration -- or
20 Airport Authority -- Aviation Authority, excuse
21 me.
22 MR. YARBOROUGH: Move withdrawal.
23 MR. CLARK: Second.
24 THE CHAIRMAN: I have a motion and second
25 on withdrawal of 2008-249.
Diane M.
Tropia,
7
1 Seeing no discussion, Councilmember Bishop,
2 do you have any input?
3 MR. BISHOP: Thank you, Mr. Chairman.
4 I was just curious if anybody from the
5 Airport Authority was here, they might sort of
6 enlighten us as to why they want to do this.
7 But seeing none, I guess not.
8 So that's it.
9 THE CHAIRMAN: And I did have an e-mail
10 from Mr. Michael Stewart from the
11 Aviation Authority requesting withdrawal.
12 Seeing no discussion, open the ballot and
13 record the vote.
14 (Committee ballot opened.)
15 MR. CORRIGAN: (Votes yea.)
16 MR. YARBOROUGH: (Votes yea.)
17 MR. CLARK: (Votes yea.)
18 MR. SHAD: (Votes yea.)
19 MR. WEBB: (Votes yea.)
20 (Committee ballot closed.)
21 MS. LAHMEUR: Five yeas, zero nays.
22 THE CHAIRMAN: By your action, you have
23 withdrawn 2008-249.
24 Thank you, Councilmember Bishop.
25 MR. BISHOP: Thank you.
Diane M.
Tropia,
8
1 THE CHAIRMAN: Committee members, we are
2 now on page 6 of your agenda, top of the page,
3 2007-1046. We'll open that public hearing.
4 Seeing no speakers, we'll continue that
5 public hearing with no further action.
6 Item number 16 and 17, 2007-1051 and -1061,
7 are both deferred.
8 We are on the top of page 7, 2007-1085.
9 We'll open that public hearing.
10 Seeing no speakers, we'll continue that
11 public hearing.
12 Item 19, 2007-1086. We'll open that public
13 hearing.
14 Seeing no speakers, we will continue that
15 public hearing.
16 Item 20, 2007-1121. We'll open that public
17 hearing.
18 Seeing no speakers, we'll continue that
19 public hearing.
20 Item number 21, 2007-1125. We'll open that
21 public hearing.
22 Seeing no speakers, we're going to continue
23 that public hearing. We were going to move on
24 it, but there's some issues still outstanding,
25 so we're just going to continue that to the next
Diane M.
Tropia,
9
1 LUZ meeting.
2 We are on the top of page 8, 2007-1215. We
3 will open that public hearing.
4 I have Mr.
5 (Mr. Hainline approaches the podium.)
6 THE CHAIRMAN: Good evening.
7 MR. HAINLINE: Good evening.
8
9 This is the long pending Pine Grove
10
11 recall that your staff recommended approval and
12 th
13 problem.
14 Mr. Harden, representing the landowner down
15 the street, had some objections. Part of his
16 concer
17 another proposed fair share contract which now
18 has been introduced that, in part, has resolved
19 his concerns. He, as I understand it, is no
20 longer opposed. He's not here.
21 So I'd be happy to answer any questions to
22 this. Again, your staff has recommended
23 approval.
24 And we also agreed in part, at the request
25 of some of you, to an amendment which shortened
Diane M.
Tropia,
10
1 the term of this to five years. We also
2 proposed a little more restrictive performance
3 schedule. We proposed those items.
4 Mr. Reingold asked me before the hearing, are we
5 still agreeable to those amendments. We
6 certainly are.
7 And, with that, I would be happy to answer
8 any questions.
9 THE CHAIRMAN: Okay. Thank you,
10 Mr. Hainline.
11 We don't have any questions at this point.
12 If you'll stick around for the amendment, I'd
13 appreciate it.
14 Seeing no other speakers, we'll close that
15 public hearing.
16 MR. CLARK: Move the amendment.
17 MR. WEBB: Second.
18 THE CHAIRMAN: I have a motion and a second
19 on the amendment.
20 Who wants to let us know about the
21 amendment? Is that Mr. Reingold?
22 MR. REINGOLD: To the Chair, it's my
23 understanding that the amendment essentially was
24 as Mr. Hainline had explained. It was a
25 developer-proposed amendment essentially; a more
Diane M.
Tropia,
11
1 strict performance schedule; and, additionally,
2 a limitation of the duration of it to five
3 years.
4 THE CHAIRMAN: All right. Thank you for
5 confirming that.
6 Seeing no discussion on the amendment, all
7 in favor signal by saying aye.
8 COMMITTEE MEMBERS: Aye.
9 THE CHAIRMAN: All opposed.
10 COMMITTEE MEMBERS: (No response.)
11 THE CHAIRMAN: The amendment carries.
12 MR. CLARK: Move the bill as amended.
13 MR. YARBOROUGH: Second.
14 THE CHAIRMAN: Motion and a second on -1215
15 as amended.
16 Seeing no speakers, open the ballot and
17 record the vote.
18 (Committee ballot opened.)
19 MR. CORRIGAN: (Votes yea.)
20 MR. YARBOROUGH: (Votes yea.)
21 MR. CLARK: (Votes yea.)
22 MR. SHAD: (Votes yea.)
23 MR. WEBB: (Votes yea.)
24 (Committee ballot closed.)
25 MS. LAHMEUR: Five yeas, zero nays.
Diane M.
Tropia,
12
1 THE CHAIRMAN: By your action, you just
2 approved 2007-1215.
3 Mr. Hainline, I appreciate your diligence
4 in getting this bill passed. I appreciate it.
5 Thank you.
6 MR. HAINLINE: Thank you.
7 THE CHAIRMAN: Item 23, the council
8 president is going to give us some input, so
9 we're going to wait a couple of minutes on -1308
10 and we'll come back to it as soon as the council
11 president steps back into the room.
12 Item 24 and 25, 2007-1310 and -1311, are
13 both deferred.
14 I see Councilmember Jones has joined us.
15 Good evening, Councilmember. Do you have a
16 specific bill you're here in reference to?
17 MR. JONES: I didn't get an agenda, but
18 it's at the bottom of --
19 MS. LAHMEUR: Page 10.
20 THE CHAIRMAN: I think we just passed
21 that. The bottom of page 10, we'll be there in
22 one second. If you can hold on one second,
23 we're almost there.
24 Committee members, we're on the top of
25 page 9. 2007-1312 is deferred.
Diane M.
Tropia,
13
1 2007-1350. We'll open that public hearing.
2 Seeing no speakers, we will continue that
3 public hearing with no further action.
4 2008-23 is deferred.
5 2008-25. We'll open that public hearing.
6 Seeing no speakers, we're going to continue
7 that public hearing until May 20th per the
8 applicant's request.
9 We're now on page 10. 2008-27. We'll open
10 that public hearing.
11 Seeing no speakers, we'll continue that
12 public hearing with no further action.
13 2008-40. We'll open that public hearing.
14 Seeing no speakers, the applicant has
15 requested to continue that public hearing with
16 no further action this evening.
17 2008-42. We'll open that public hearing.
18 We have one speaker, Greg Kupperman.
19 (Mr. Kupperman approaches the podium.)
20 THE CHAIRMAN: Good evening,
21 Mr. Kupperman.
22 MR. KUPPERMAN: Good evening.
23 Greg Kupperman,
24
25 This is for a PUD rezoning for a marina and
Diane M.
Tropia,
14
1 a yacht club. There will be 34 wet slips,
2 80 dry slips, and actually a mixed use of eight
3 condominiums.
4 I've been to the Northside CPAC and have a
5 recommendation of approval from the Northside
6 CPAC, as well as the industrial technical
7 committee [sic]. The Planning Department has
8 recommended approval.
9 There has been a slight adjustment with a
10 couple of conditions. I would just like to have
11 those read, but I think we've -- we were all in
12 agreeance to the conditions -- a deletion of a
13 condition and an addition of a condition at --
14 at Planning Commission, and I would appreciate
15 that.
16 THE CHAIRMAN: Okay. Thank you,
17 Mr. Kupperman.
18 We'll go ahead and -- I don't see any
19 questions, so we'll go ahead and close the
20 public hearing.
21 We have an amendment.
22 MR. CLARK: Move the amendment.
23 MR. WEBB: Second.
24 THE CHAIRMAN: I have a motion and a second
25 on the amendment to 2008-42.
Diane M.
Tropia,
15
1 Mr. Crofts, do you want to read amendment,
2 please.
3 MR. CROFTS: The amendment is as follows:
4 Condition number 1, "The development shall
5 be subject to the original legal description
6 dated December 3rd, 2007."
7 Number 2, "The developer shall be subject
8 to the revised written description dated
9 March 3rd, 2008."
10 Number 3, "The developer shall be subject
11 to the revised site plan dated March 3rd, 2008."
12 Number 4, "Transportation improvements
13 shall be made in accordance with the
14 approved" -- "and approved by the Development
15 Services Division and the Planning and
16 Development Department."
17 Number 5, "The final location of the
18 20-foot-wide easement from the terminus of
20 north shall be depicted on the engineering
21 plans, submitted for review and approval to the
22 City of
23 Thank you.
24 THE CHAIRMAN: Mr. Kupperman, are you okay
25 with that amendment?
Diane M.
Tropia,
16
1 MR. KUPPERMAN: Yes, I am.
2 THE CHAIRMAN: Okay. Thank you very much.
3 I see no discussion on the amendment. All
4 in favor signal by saying aye.
5 COMMITTEE MEMBERS: Aye.
6 THE CHAIRMAN: All opposed.
7 COMMITTEE MEMBERS: (No response.)
8 THE CHAIRMAN: The amendment carries.
9 MR. WEBB: Move the bill as amended.
10 MR. CLARK: Second.
11 THE CHAIRMAN: Motion and a second on
12 2008-42 as amended.
13 Before we take the vote, I will tell you
14 that this is actually the first bill that this
15 committee has seen with input from the ITAC
16 committee. Appreciate their hard work and their
17 input on this and we'll look forward to seeing
18 more work from them in the future.
19 And, Mr. Kupperman, I appreciate you
20 working with that group to get to this point.
21 MR. KUPPERMAN: Thank you.
22 THE CHAIRMAN: Seeing no discussion, open
23 the ballot and record the vote.
24 (Committee ballot opened.)
25 MR. CORRIGAN: (Votes yea.)
Diane M.
Tropia,
17
1 MR. YARBOROUGH: (Votes yea.)
2 MR. CLARK: (Votes yea.)
3 MR. SHAD: (Votes yea.)
4 MR. WEBB: (Votes yea.)
5 (Committee ballot closed.)
6 MS. LAHMEUR: Five yeas, zero nays.
7 THE CHAIRMAN: By your action, you have
8 approved 2008-42.
9 We are now down to the bill that
10 Councilmember Jones is here for, item 33,
11 2008-108. We'll open that public hearing.
12 We have a speaker. We have -- Kevin Hayes
13 is actually here on 2008-108 and 2008-109.
14 Mr. Hayes, good evening. Come on down.
15 (Audience member approaches the podium.)
16 THE CHAIRMAN: Would you prefer me to open
17 the public hearing on both of them and talk
18 about both of them at the same time?
19 AUDIENCE MEMBER: That's fine.
20 THE CHAIRMAN: Okay. We'll just open both
21 2008-108 and -109.
22 Go ahead.
23 AUDIENCE MEMBER: Kevin Hayes, 881 Stockton
24 Street.
25 Basically, I'm just here -- no one is in
Diane M.
Tropia,