1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Thursday, January 3,
7 2008, commencing at 5:05 p.m., City Hall, Council
8 Chambers, 1st Floor,
9 Diane M. Tropia, a Notary Public in and for the State
10 of
11
12 PRESENT:
13 MICHAEL CORRIGAN, Chair.
CLAY YARBOROUGH, Vice Chair.
14 RICHARD CLARK, Committee Member.
MIA JONES, Committee Member.
15 E. DENISE LEE, Committee Member.
ART SHAD, Committee Member.
16 JACK WEBB, Committee Member.
17
ALSO PRESENT:
18
BILL BISHOP, City Council Member
19 RAY HOLT, City Council Member.
BRAD THOBURN, Director, Planning Dept.
20 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Planning and Development Dept.
21 KEN AVERY, Planning and Development Dept.
DYLAN REINGOLD, Office of General Counsel.
22
JESSICA STEPHENS, Legislative Assistant.
23 MERRIANE LAHMEUR, Legislative Assistant.
24 - - -
25
Diane M.
Tropia,
2
1 P R O C E E D I N G S
2 January 3, 2008 5:05 p.m.
3 - - -
4 THE CHAIRMAN: Good evening, everyone.
5 We are about ready to start the Land Use
6 and Zoning Committee meeting for Thursday,
7 January 3rd, a rare Thursday night Land Use and
8 Zoning Committee meeting.
9 We do have a new procedure, a policy in
10 effect based on some legislation passed by the
11 council at the last meeting last year, which is
12 in regards to lobbyist registration.
13 If you are here tonight to speak on a bill
14 and you have a financial gain in the bill,
15 either paid directly by a corporation or entity
16 or the lobby or will have a financial gain, you
17 must fill out a lobbyist registration form prior
18 to speaking.
19 The forms are located right over here on
20 that side. So please make sure you come up and
21 fill it out and turn it in to the basket so we
22 can have it on the record prior to your speaking
23 tonight.
24 If you are writing it when I call your name
25 and have not finished writing it, I understand
Diane M.
Tropia,
3
1 that and will allow you to speak and then
2 continue to write, but you must have it turned
3 in or at least started prior to you speaking
4 tonight.
5 That will be a regular thing here at the
6 City Council. So if you can pass it on to your
7 friends and neighbors and let them know if
8 they're coming down here and they're to be
9 compensated or have a financial gain, that they
10 need to register with the City.
11 We appreciate it.
12 If you'd like to do it ahead of time, you
13 can always contact Cheryl Brown, our council
14 director, and she'll be happy to help you with
15 that process. We appreciate your cooperation.
16 Okay. We're ready to get started. Let me
17 let everybody know the committee members that
18 are here tonight. We have Councilmember Webb,
19 Councilwoman Lee, Councilman Clark. I'm
20 Chairman Michael Corrigan. We have
21 Vice Chairman Clay Yarborough, and we have
22 Councilmember Art Shad. Councilwoman Mia Jones
23 should be joining us shortly.
24 We have a number of bills tonight to take
25 up. A number of you may be here for item number
Diane M.
Tropia,
4
1 54, located on page 16, which is the Craig Field
2 extension. I will tell you that that will be
3 taken up towards the end of our action items on
4 our agenda tonight and will be the last item we
5 take up. We do not anticipate a heavy burden
6 before that, but we want to make sure that we
7 allocate plenty of time for that issue to be
8 heard, so it will be taken up at the end of our
9 agenda.
10 We do have a visiting councilmember, former
11 councilmember, that's here with us tonight that
12 I saw on the way in, Councilmember
13 Warren Alvarez. I believe Councilmember
14 Warren Alvarez had an item. Out of respect for
15 him, in his adjustment to retirement, so he can
16 feel like he's still involved in the council
17 process, committee members, let's go to page 12
18 and take up his item first.
19 It's page 12, item 39, 2007-1193. We will
20 open that public hearing.
21 Seeing no speaker cards on -1193, we will
22 close that public hearing.
23 MR. CLARK: Move the bill.
24 MR. YARBOROUGH: Second.
25 THE CHAIRMAN: I have a motion and second
Diane M.
Tropia,
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1 on 2007-1193.
2 Seeing no discussion on that bill, open the
3 ballot and record the vote.
4 (Committee ballot opened.)
5 MR. CORRIGAN: (Votes yea.)
6 MR. CLARK: (Votes yea.)
7 MS. LEE: (Votes yea.)
8 MR. SHAD: (Votes yea.)
9 MR. WEBB: (Votes yea.)
10 MR. YARBOROUGH: (Votes yea.)
11 (Committee ballot closed.)
12 MS. LAHMEUR: Six yeas, zero nays.
13 THE CHAIRMAN: By your action, you have
14 approved 2007-1193.
15 Councilman Alvarez, always a pleasure to
16 see you. Come back and see us often. You can
17 stay tonight if you'd like.
18 MR. ALVAREZ: My condolences.
19 THE CHAIRMAN: For those in the audience
20 that don't know, Councilmember Alvarez was a
21 standing councilmember on the LUZ Committee for
22 a number of years. It's great to see him back
23 here tonight.
24 Okay. Let's go back to the front and go
25 through a number of items that are going to be
Diane M.
Tropia,
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1 deferred or rereferred.
2 We'll begin with item number 1, 2005-718.
3 We'll open that public hearing.
4 Seeing no speakers, we'll continue that
5 public hearing with no further action.
6 Items 2 and 3, 2005-1161 and 2005-1228, are
7 both deferred.
8 Top of page 3, item 2005-1399. We'll open
9 that public hearing.
10 Seeing no speakers, we'll continue that
11 public hearing until January 15th with no
12 further action.
13 Item 5 and 6, 2006-24 and 2006-220, are
14 both deferred.
15 Bottom of page 3, 2006-360. We'll open
16 that public hearing.
17 Seeing no speakers, we'll continue that
18 public hearing on May 6th, 2008.
19 Top of page 4, 2006-520 is deferred.
20 Item 9, 2006-658. We'll open that public
21 hearing.
22 Seeing no speakers, we'll continue that
23 public hearing until April 1st.
24 Item 10, 2007-144. We'll open that public
25 hearing.
Diane M.
Tropia,
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1 Seeing no speakers, we'll continue that
2 public hearing till -- continued till March
3 4th.
4 Item 11, 2007-145. We'll open that public
5 hearing.
6 Seeing no speakers, we'll continue that one
7 till March 4th.
8 Top of page 5. Item 12, 2007-384, is
9 deferred.
10 Item 13, 2007-566. We'll open that public
11 hearing.
12 Seeing no speakers, we'll close that public
13 hearing.
14 MR. CLARK: Move the bill.
15 THE CHAIRMAN: I have a motion.
16 Do I have a second on the bill?
17 MR. WEBB: Second.
18 THE CHAIRMAN: Motion and second on
19 2007-566.
20 MS. LEE: (Inaudible.).
21 THE CHAIRMAN: It's number 13 on the
22 agenda.
23 Seeing no speakers, open the ballot and
24 record the vote.
25 (Committee ballot opened.)
Diane M.
Tropia,
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1 MR. CORRIGAN: (Votes yea.)
2 MR. CLARK: (Votes yea.)
3 MS. LEE: (Votes yea.)
4 MR. WEBB: (Votes yea.)
5 MR. YARBOROUGH: (Votes yea.)
6 (Committee ballot closed.)
7 MS. LAHMEUR: Five yeas, zero nays.
8 THE CHAIRMAN: By your action, you have
9 just approved 2007-566.
10 Item 14, 2007-578. We'll open that public
11 hearing. We have no speakers, but we do have
12 Margo Moehring from the Planning Department.
13 This is a semiannual text amendment
14 concerning coastal high hazard and hurricane
15 evacuation.
16 Is Ms. Moehring here or is she -- she's not
17 in the room. We're going to hold off on that
18 one. We'll get back to that one in a few
19 minutes.
20 Mr. Crofts, you can let me know when she
21 gets here. We'll go back to it.
22 MR. CROFTS: Yes, sir.
23 THE CHAIRMAN: Committee members, turn with
24 me to the top of page 6. 2007-581 is deferred.
25 (Ms. Jones enters the proceedings.)
Diane M.
Tropia,
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1 THE CHAIRMAN: 2007-659. We'll open that
2 public hearing.
3 Seeing no speakers, we'll continue that
4 public hearing.
5 Item 17 and 18, 2007-803 and 2007-835, are
6 both deferred.
7 We are on the top of page 7, 2007-919. We
8 have -- we will -- this is an appeal. We're
9 going to follow the standard appeal process
10 we've been using in this committee. We
11 typically allow ten minutes to each side, unless
12 Councilmember Holt has additional information on
13 that.
14 Is that okay with you?
15 MR. HOLT: (Inaudible.)
16 THE CHAIRMAN: If I can call on
17 Councilmember Holt before I open the public
18 hearing.
19 Do you want to open the public hearing
20 first or after?
21 MR. HOLT: Go ahead.
22 THE CHAIRMAN: Okay. We're going to open
23 the public hearing. I only have one speaker
24 card, Charles Mann.
25 Mr. Mann, come forward, please.
Diane M.
Tropia,
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1 (Mr. Mann approaches the podium.)
2 MR. MANN: Mr. Chairman and members of the
3 committee, Charles Mann,
4 representing the landowner.
5 This item has been before you before. It
6 was a height appeal. It was a height appeal to
7 a denied minor modification. It was passed by
8 this committee to raise the height of the
9 building on
10 compromised at this meeting to 42 feet.
11 Since then, in talking with the honorable
12 Councilman Ray Holt, we have decided -- we've
13 asked for it to be rereferred from council back
14 to this committee so that we could adjust the
15 height to 40 feet, which is agreeable to my
16 client.
17 Again, we would appreciate your support on
18 this as we had before.
19 Thank you very much.
20 THE CHAIRMAN: Thank you.
21 Councilmember Holt.
22 I have no further speakers. I'll close the
23 public hearing and call on Councilmember Holt.
24 You can stay seated.
25 MR. HOLT: I just wanted to say that I
Diane M.
Tropia,
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1 agree with Mr. Mann.
2 We had issues with this and we have worked
3 through them, and I feel like this is probably
4 the best compromise we can come to at 40 feet.
5 So I'm not going to oppose this at this point,
6 and I would appreciate if the committee would
7 support it.
8 Thank you.
9 THE CHAIRMAN: Okay. So based on that,
10 what I hear you saying is you would support an
11 amendment to change the maximum height to
12 40 feet and grant the appeal?
13 MR. HOLT: Forty feet (inaudible).
14 MR. MANN: Yes, sir, that's correct.
15 THE CHAIRMAN: Do I have a motion?
16 MR. YARBOROUGH: Move it.
17 MR. CLARK: Second.
18 THE CHAIRMAN: I have a motion and second
19 on the amendment. All in favor of the amendment
20 signify by saying aye.
21 COMMITTEE MEMBERS: Aye.
22 THE CHAIRMAN: All opposed.
23 COMMITTEE MEMBERS: (No response.)
24 THE CHAIRMAN: The amendment carries.
25 MR. YARBOROUGH: Move the bill as amended.
Diane M.
Tropia,
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1 MS. JONES: Second.
2 THE CHAIRMAN: Motion and second on
3 2007-919 as amended.
4 Seeing no discussion, open the ballot and
5 record the vote.
6 (Committee ballot opened.)
7 MR. CORRIGAN: (Votes yea.)
8 MR. CLARK: (Votes yea.)
9 MS. LEE: (Votes yea.)
10 MS. JONES: (Votes yea.)
11 MR. WEBB: (Votes yea.)
12 MR. YARBOROUGH: (Votes yea.)
13 (Committee ballot closed.)
14 MS. LAHMEUR: Six yeas, zero nays.
15 THE CHAIRMAN: By your action, you have
16 approved 2007-919.
17 MR. MANN: Thank you.
18 THE CHAIRMAN: Thank you, Mr. Mann.
19 Councilman Holt, we appreciate you working