1 CITY OF
2 LAND USE AND ZONING
3 COMMITTEE
4
5
6 Proceedings held on Tuesday, October 16,
7 2007, commencing at 5:20 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.
BILL BISHOP, Committee Appointee.
16
17 ALSO PRESENT:
18 JOHN CROFTS, Deputy Director, Planning Dept.
SEAN KELLY, Planning and Development Dept.
19 KEN AVERY, Planning and Development Dept.
FOLKS HUXFORD, Planning and Development Dept.
20
JESSICA STEPHENS, 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 October 16, 2007 5:20 p.m.
3 - - -
4 THE CHAIRMAN: Good afternoon, ladies and
5 gentlemen. I appreciate your patience as we get
6 started.
7 I will call to order the Tuesday, October
8 16th meeting of the Land Use and Zoning
9 Committee.
10 Present we have Councilwoman Denise Lee;
11 Councilmember Richard Clark; Councilmember Clay
12 Yarborough, who's vice chairman; I'm chairman,
13 Michael Corrigan. We're also going to be joined
14 by Councilmember Bill Bishop, who's been
15 appointed to this committee this afternoon by
16 Council President Davis; and Councilwoman Mia
17 Jones will be joining us shortly.
18 Councilmember Richard Clark has an early
19 excusal. Councilmembers Art Shad and Jack Webb
20 are both excused from today's meeting.
21 We'll begin at the beginning of our agenda
22 and go through.
23 Item number 1 is 2005-718. We'll open that
24 public hearing.
25 Do we have any cards for the vice
Diane M.
Tropia,
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1 chairman?
2 MS. STEPHENS: (Tenders speaker cards.)
3 THE CHAIRMAN: Seeing no speakers, that
4 public hearing will be continued with no further
5 action.
6 The following items will be deferred:
7 Items 2005-1161, 2005-1228, 2005-1399, 2006-24,
8 2006-220, 2006-360, 2006-520, 2006-658, and
9 2006-869.
10 Committee members, we're on the bottom of
11 page 4, item number 11, 2007-33.
12 MR. CLARK: Move to withdraw.
13 MR. YARBOROUGH: Second.
14 THE CHAIRMAN: I have a motion and a second
15 to withdraw.
16 Seeing no discussion, open the ballot and
17 record the vote.
18 (Committee ballot opened.)
19 MR. CORRIGAN: (Votes yea.)
20 MR. YARBOROUGH: (Votes yea.)
21 MS. LEE: (Votes yea.)
22 MR. BISHOP: (Votes yea.)
23 MR. CLARK: (Votes yea.)
24 (Committee ballot closed.)
25 MS. LAHMEUR: Five yeas, zero nays.
Diane M.
Tropia,
4
1 THE CHAIRMAN: By your action, you have
2 withdrawn 2007-33.
3 Top of page 5, items 12 and 13 are
4 companion bills. 2007-144, we'll open that
5 public hearing.
6 Seeing no speakers, we'll continue that
7 public hearing till December the 4th with no
8 further action.
9 Item 13, 2007-145. We'll open that public
10 hearing. Seeing no speakers, we'll continue
11 that public hearing until 12/4/07.
12 Bottom of page 5, 2007-190. We'll open
13 that public hearing.
14 Seeing no speakers, we'll close that public
15 hearing.
16 MR. CLARK: Move to withdraw with fees.
17 MR. YARBOROUGH: Second.
18 THE CHAIRMAN: I have a motion and a second
19 to withdraw 2007-190 and refund the fees.
20 Seeing no discussion on the withdrawal,
21 open the ballot, record the vote.
22 (Committee ballot opened.)
23 MR. CORRIGAN: (Votes yea.)
24 MR. YARBOROUGH: (Votes yea.)
25 MS. LEE: (Votes yea.)
Diane M.
Tropia,
5
1 MR. BISHOP: (Votes yea.)
2 MR. CLARK: (Votes yea.)
3 (Committee ballot closed.)
4 MS. LAHMEUR: Five yeas, zero nays.
5 THE CHAIRMAN: By your action, you have
6 withdrawn 2007-190.
7 Top of page 6. Item 2007-384 will be
8 deferred.
9 Item 16, 2007-443. We'll open that public
10 hearing.
11 MR. CLARK: Move the bill.
12 THE CHAIRMAN: We're in the public hearing
13 at this point.
14 Mr. Ken Atlee.
15 (Mr. Atlee approaches the podium.)
16 THE CHAIRMAN: Good afternoon.
17 MR. ATLEE: Good afternoon.
18 Ken Atlee,
19 To keep it short, I'll be glad to answer
20 any questions if you have any.
21 THE CHAIRMAN: All right. We appreciate
22 it.
23 Are there any questions for the speaker?
24 COMMITTEE MEMBERS: (No response.)
25 THE CHAIRMAN: Seeing none, that public
Diane M.
Tropia,
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1 hearing is closed.
2 MR. YARBOROUGH: Move the bill.
3 MR. CLARK: Second.
4 THE CHAIRMAN: I have a motion and a second
5 on 2007-443.
6 I don't see any discussion on the bill, so
7 open the ballot, record the vote.
8 (Committee ballot opened.)
9 MR. CORRIGAN: (Votes yea.)
10 MR. YARBOROUGH: (Votes yea.)
11 MS. LEE: (Votes yea.)
12 MR. BISHOP: (Votes yea.)
13 MR. CLARK: (Votes yea.)
14 (Committee ballot closed.)
15 MS. LAHMEUR: Five yeas, zero nays.
16 THE CHAIRMAN: By your action, you have
17 approved 2007-443.
18 We're on item number 17, 2007-566. We'll
19 open that public hearing.
20 Seeing no speakers, we'll continue that
21 public hearing with no further action.
22 Item 18 2007-578. We'll open that public
23 hearing.
24 Seeing no speakers, we'll continue that
25 public hearing with no further action.
Diane M.
Tropia,
7
1 We are now on the top of page 7. Item 19,
2 2007-581 is deferred.
3 Item 20, 2007-659. We'll open that public
4 hearing.
5 Seeing no speakers, we'll continue that
6 public hearing with no further action.
7 Item 21, 2007-662. We'll open that public
8 hearing.
9 Seeing no speakers, we'll close that public
10 hearing.
11 MR. CLARK: Move to withdraw.
12 MR. YARBOROUGH: Second.
13 THE CHAIRMAN: I have a motion and a second
14 to withdraw 2007-662.
15 Seeing no discussion on the withdrawal,
16 open the ballot, record the vote.
17 (Committee ballot opened.)
18 MR. CORRIGAN: (Votes yea.)
19 MR. YARBOROUGH: (Votes yea.)
20 MS. LEE: (Votes yea.)
21 MR. BISHOP: (Votes yea.)
22 MR. CLARK: (Votes yea.)
23 (Committee ballot closed.)
24 MS. LAHMEUR: Five yeas, zero nays.
25 THE CHAIRMAN: By your action, you've
Diane M.
Tropia,
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1 withdrawn 2007-662.
2 Committee members, we're on the top of
3 page 8. 2007-803 is going to be deferred.
4 2007-806. We're going to open that public
5 hearing. We have a speaker's card from Greg
6 Kupperman.
7 (Mr. Kupperman approaches the podium.)
8 MR. KUPPERMAN: Greg Kupperman, 200 First
9 Street,
10 This proposed PUD is for a combination of a
11 child care center, nursery school, and
12 kindergarten
in
13 I've worked closely with Mr. Lewis of the
14 Planning staff. I have a recommendation of
15 approval with conditions, I agree to those
16 conditions, and I'll be glad to answer any
17 questions.
18 THE CHAIRMAN: Thank you, Mr. Kupperman.
19 Can I have a motion on the amendment?
20 MR. YARBOROUGH: Move the amendment.
21 MR. CLARK: Second.
22 THE CHAIRMAN: I have a motion and a second
23 on the amendment.
24 We'll go to the Planning Department to
25 explain the amendment.
Diane M.
Tropia,
9
1 MR. CROFTS: The amendment consists of
2 three conditions and they are as follows:
3 Number 1, "The development shall be subject
4 to the original legal description dated June
5 15th, 2007.
6 Number 2, "The development shall be subject
7 to the original written description dated June
8 15th, 2007.
9 Number 3 and finally, "The development
10 shall be subject to the revised site plan dated
11 September 28th, 2007."
12 Thank you.
13 THE CHAIRMAN: Thank you.
14 Mr. Kupperman has indicated he's okay with
15 those conditions, so -- I have no speakers on
16 the amendment, so all in favor signal by saying
17 aye.
18 COMMITTEE MEMBERS: Aye.
19 THE CHAIRMAN: All opposed.
20 COMMITTEE MEMBERS: (No response.)
21 THE CHAIRMAN: The amendment carries.
22 MR. YARBOROUGH: Move the bill as amended.
23 MR. CLARK: Second.
24 THE CHAIRMAN: I have a motion and second
25 on 2007-806 as amended.
Diane M.
Tropia,
10
1 Seeing no discussion, open the ballot,
2 record the vote.
3 (Committee ballot opened.)
4 MR. CORRIGAN: (Votes yea.)
5 MR. YARBOROUGH: (Votes yea.)
6 MS. LEE: (Votes yea.)
7 MR. BISHOP: (Votes yea.)
8 MR. CLARK: (Votes yea.)
9 (Committee ballot closed.)
10 MS. LAHMEUR: Five yeas, zero nays.
11 THE CHAIRMAN: By your action, you have
12 approved 2007-806.
13 MR. KUPPERMAN: Thank you.
14 THE CHAIRMAN: Thank you, Mr. Kupperman.
15 Item 24 is 2007-835. That is an appeal.
16 We have a public hearing on that.
17 Is there anyone here to speak on that
18 public hearing?
19 AUDIENCE MEMBERS: (No response.)
20 THE CHAIRMAN: Seeing no speakers, we're
21 going to continue that public hearing until
22 January 15th, which, at that point, we'll
23 conduct a formal hearing.
24 And for the committee members, you will
25 receive a notice about this, but since it's been
Diane M.
Tropia,
11
1 requested to be a formal hearing, it will take
2 place at 4 o'clock on January the 15th, and I
3 encourage and ask you to please be here for that
4 appeal.
5 Thank you.
6 Item number 25 is 2007-845. We'll open
7 that public hearing.
8 Seeing no speakers, we'll close that public
9 hearing.
10 We have a substitute.
11 MR. CLARK: Move the sub.
12 MR. YARBOROUGH: Second.
13 THE CHAIRMAN: I have a motion and a second
14 on the substitute to -845.
15 Seeing no discussion on the substitute, all
16 in favor signal by saying aye.
17 COMMITTEE MEMBERS: Aye.
18 THE CHAIRMAN: All opposed.
19 COMMITTEE MEMBERS: (No response.)
20 THE CHAIRMAN: The substitute carries.
21 MR. YARBOROUGH: Move to rerefer.
22 MR. CLARK: Second.
23 THE CHAIRMAN: I have a motion and a second
24 to rerefer 2007-845 as substituted.
25 Seeing no discussion, open the ballot,
Diane M.
Tropia,
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1 record the vote.
2 (Committee ballot opened.)
3 MR. CORRIGAN: (Votes yea.)
4 MR. YARBOROUGH: (Votes yea.)
5 MS. LEE: (Votes yea.)
6 MR. BISHOP: (Votes yea.)
7 MR. CLARK: (Votes yea.)
8 (Committee ballot closed.)
9 MS. LAHMEUR: Five yeas, zero nays.
10 THE CHAIRMAN: By your action, you have
11 substituted and rereferred 2007-845.
12 Committee members, top of page 9. Item 26,
13 2007-847. We'll open that public hearing.
14 Seeing no speakers, we'll close that public
15 hearing.
16 MS. LEE: Move the amendment.
17 MR. YARBOROUGH: Second.
18 THE CHAIRMAN: I have a motion and a second
19 on the amendment.
20 Mr. Crofts, can we have information on the
21 amendment, please?
22 MR. CROFTS: Yes, sir. The amendment is as
23 follows:
24 Number 1, "The development shall be subject
25 to the original legal description dated July
Diane M.
Tropia,
13
1 23rd, 2007.
2 Number 2, "The development shall be subject
3 to the revised written description date
4 September 24th, 2007.
5 Condition number 3, "The development shall
6 be subject to the revised site plan dated
7 September 24th, 2007.
8 Number 4 and finally, "The development
9 shall be subject to the review and approval of
10 the Department of Public Works Traffic
11 Engineering Division pursuant to their
12 memorandum dated August 21st, 2007, and the
13 Transportation Planning Division's memorandum
14 dated September 4th, 2007, or as otherwise
15 approved by the Traffic Engineering Division,
16 FDOT, and the Planning and Development
17 Department."
18 Thank you.
19 (Mr. Clark exits the proceedings.)
20 THE CHAIRMAN: Thank you.
21 Any questions on the amendment?
22 COMMITTEE MEMBERS: (No response.)
23 THE CHAIRMAN: Seeing none, all in favor of
24 the amendment signal by saying aye.
25 COMMITTEE MEMBERS: Aye.
Diane M.
Tropia,
14
1 THE CHAIRMAN: All opposed.
2 COMMITTEE MEMBERS: (No response.)
3 THE CHAIRMAN: Let's show that again.
4 All in favor of the amendment signal by
5 saying aye.
6 COMMITTEE MEMBERS: Aye.
7 THE CHAIRMAN: All opposed.
8 COMMITTEE MEMBERS: (No response.)
9 THE CHAIRMAN: Thank you.
10 The amendment carries.
11 Can I have a motion on the bill?
12 MR. YARBOROUGH: So moved.
13 MR. BISHOP: Second.
14 THE CHAIRMAN: I have a motion and a second
15 on 2007-847 as amended.
16 Seeing no discussion, open the ballot,
17 record the vote.
18 (Committee ballot opened.)
19 MR. CORRIGAN: (Votes yea.)
20 MR. YARBOROUGH: (Votes yea.)
21 MS. LEE: (Votes yea.)
22 MR. BISHOP: (Votes yea.)
23 (Committee ballot closed.)
24 MS. LAHMEUR: Four yeas, zero nays.
25 THE CHAIRMAN: By your action, you have
Diane M.
Tropia,
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1 approved 2007-847.
2 Item number 27 and 28 are companion bills.
3 Item 27 is 2007-856. We'll open that public
4 hearing.
5 Seeing no speakers, we'll close that public
6 hearing.
7 (Audience member approaches the podium.)
8 AUDIENCE MEMBER: Excuse me.
9 MR. YARBOROUGH: Move the bill.
10 THE CHAIRMAN: I have a motion. Do I have
11 a second on the bill?
12 MR. YARBOROUGH: Are you on -857?
13 THE CHAIRMAN: Are you on -857?
14 AUDIENCE MEMBER: Yes, sir.
15 Rob Edwards,
16 I've worked closely with Kristen Reed and
17 Bob Riley on the conditions --
18 THE CHAIRMAN: Okay. Are you on -856 or
19 -857?
20 MR. EDWARDS: I'm on both.
21 THE CHAIRMAN: Okay. Let me reopen the
22 public hearing on -856.
23 Go ahead.
24 MR. EDWARDS: I've worked closely with
25 Kristen Reed and Bob Riley on the rezoning of
Diane M.
Tropia,
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1 this, and I agree to all stipulations. And I
2 also attended the CPAC meetings, which I was
3 also approved.
4 THE CHAIRMAN: All right. Any questions?
5 COMMITTEE MEMBERS: (No response.)
6 THE CHAIRMAN: Thank you.
7 We'll close that public hearing -- does
8 Laura Edwards want to speak on this one?
9 AUDIENCE MEMBER: No.
10 THE CHAIRMAN: Okay. We'll close that
11 public hearing on -856.
12 MR. YARBOROUGH: Move the bill.
13 THE CHAIRMAN: I have a motion. Do I have
14 a second on the bill?
15 MR. BISHOP: Second.
16 THE CHAIRMAN: I have a motion and a second
17 on -856.
18 Seeing no discussion on -856, open the
19 ballot, record the vote.
20 (Committee ballot opened.)
21 MR. CORRIGAN: (Votes yea.)
22 MR. YARBOROUGH: (Votes yea.)
23 MS. LEE: (Votes yea.)
24 MR. BISHOP: (Votes yea.)
25 (Committee ballot closed.)
Diane M. Tropia,
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1 MS. LAHMEUR: Four yeas, zero nays.
2 THE CHAIRMAN: By your action, you have
3 approved 2007-856.
4 We're on item 28, 2007-857. We'll open
5 that public hearing. We have Robert Edwards.
6 Go ahead.
7 MR. EDWARDS: Robert Edwards.
8 I was working close with Kristen Reed and
9 Bob Riley on the rezoning of the property, which
10 they approved, and also with the CPAC meeting on
11 the Northside, which also approved me.
12 THE CHAIRMAN: Mr. Edwards, give me your
13 address for the record.
14 MR. EDWARDS:
15 THE CHAIRMAN: Okay. Thank you. Thank you
16 very much.
17 I also have Laura Edwards. Would you like
18 to speak, Ms. Edwards?
19 AUDIENCE MEMBER: No.
20 THE CHAIRMAN: Are you here in support of
21 the bill?
22 AUDIENCE MEMBER: Yes.
23 THE CHAIRMAN: Let the record reflect that</