Council Planning and Public Works Committee

Summary

Meeting Overview

The Planning and Public Works Committee met on May 14, 2013, at 1:00 p.m., with Bill Farmer presiding. The committee addressed five agenda items during the meeting, taking seven votes and hearing eleven public comments.

The committee approved the meeting summary and two substantive items: the Adult Day Cares proposal and Items in Committee. Two agenda items were deferred for further consideration: Exaction Fees and B1 ZOTA. Overall, the committee approved three of the five items on its agenda while deferring two items to a future meeting.

Attendance

The following individuals were present at the meeting on May 14, 2013:

• Bill Farmer
• Jennifer Mossotti
• Linda Gorton
• Charles Ellinger
• Steve Kay
• Chris Ford
• Diane Lawless
• Julian Beard
• Harry Clarke
• Peggy Henson
• Kevin Stinnett

No members were absent or late.

Votes and Decisions

The meeting included seven motions, all of which passed by voice vote.

Motion to approve the summary of the meeting 1:00 Moved by Diane Lawless and seconded by Charles Ellinger. Passed by voice vote.

Motion to approve sending the modified draft of 5-1(a) Right of Entry to the full Council 2:00 Moved by Linda Gorton and seconded by Harry Clarke. Passed by voice vote.

Motion to remove Right of Entry from the items referred list 5:00 Moved by Linda Gorton and seconded by Harry Clarke. Passed by voice vote.

Motion to adjourn the meeting 5:00 Moved by Charles Ellinger and seconded by Linda Gorton. Passed by voice vote.

Motion to refer Adult Day Cares ZODA to the full Council 1:56:44 Moved by Chris Ford and seconded by Linda Gorton. Passed by voice vote.

Motion to remove Exaction Fees from the committee agenda 1:58:54 Moved by Bill Farmer. Passed by voice vote.

Motion to remove Adult Day Cares from the committee agenda 1:59:00 Moved by Bill Farmer. Passed by voice vote.

Public Comment

Several speakers raised concerns about downtown revitalization planning, zoning changes, and transparency in the legislative process.

Downtown Traffic and Two-Way Street Conversion

Linda Gorton expressed concern that the public might perceive the two-way street conversion as a done deal, referencing past studies that identified problems with Main and Vine Streets. She requested transparency and regular updates to keep the committee informed 3:00.

Kevin Stinnett questioned why the Planning and Public Works Committee did not receive preliminary results from the North Area study that were presented to the Policy Committee, expressing concern about lack of coordination between the Council and Administration 5:00.

Chris Ford suggested that the decision to convert Fourth Street to two-way may be time-sensitive and should be made by the Council, noting that the LFUCG may not bear the full cost 5:00.

Julian Beard requested more data and on-site visits to study how two-way street conversions have worked in other cities, particularly smaller ones like Charleston, South Carolina 5:00.

Steve Kay advocated for sharing draft reports and information earlier, even if incomplete, to prevent the Council from receiving presentations that do not directly address the topic 5:00.

Exaction Program Accounting

Diane Lawless asked for clarification on the financial status of the exaction program, noting that only a quarter of the $123 million target had been collected despite 60% of land remaining undeveloped. She requested better accounting and transparency 28:00.

B1 ZOTA Changes

Peggy Henson expressed discomfort with the B1 ZOTA proposal, noting that many B1 zones are in older neighborhoods with stressed infrastructure. She requested examples of past Board of Adjustment cases to better understand the need for changes 1:28:57.

Julian Beard raised concerns about overly broad definitions such as "research development and testing laboratories" and "rehabilitation homes," which could allow uses with significant neighborhood impacts 1:38:58.

Linda Gorton noted the Planning Commission vote was 5-3 with three members absent, suggesting the outcome could have been reversed, and emphasized the need for caution given the proposal's contentious nature 1:24:10.

Adult Day Cares ZODA

Chris Ford stated the ZODA was initiated due to constituent concerns, had been thoroughly researched, was approved by the Planning Commission 8-1, and was supported by the Mayor's Commission on Homelessness 1:50:41.

Peggy Henson expressed concern about potential segregation of a vulnerable population and emphasized that citizens have a right to be part of the city, even if they must go through a conditional use process 1:57:17.

Contested Items

B1 ZOTA Changes

The Planning Commission's previous 5-3 vote on B1 ZOTA (Zone of Transition Area) changes raised concerns among council members due to three members being absent during the vote. Several council members expressed unease about potential negative impacts on older neighborhoods. Specific concerns centered on the addition of extended stay hotels and independent parking lots as conditional uses, which some felt could alter the character of established residential areas.

Exaction Program Financial Transparency

Council members engaged in a heated discussion regarding the exaction program's financial management. Despite $34 million having been collected, council members questioned why there was no cash in the program. Additional concerns emerged about the program's long-term financial viability: only a quarter of the $123 million target had been collected, and 60% of land remained undeveloped. This discrepancy between funds collected and funds available raised questions about how the money was being allocated and whether the program could meet its stated goals.

Two-Way Street Conversion Study

A procedural dispute arose regarding the distribution of preliminary results from the North Area two-way street conversion study. Councilmember Stinnett questioned why the Planning and Public Works Committee did not receive the preliminary results that had been presented to the Policy Committee. This highlighted a lack of coordination between the Council and Administration, with information being shared selectively rather than comprehensively across relevant committees.

Approval of Summary

The committee voted to approve the meeting summary without dissent. 1:00

Motion and Vote

Diane Lawless made the motion to approve the summary, and Charles Ellinger seconded it. The summary was approved by the committee.

Outcome

The meeting summary was approved.

Exaction Fees

Chris King presented an update on the Expansion Area Exaction Program 1:31. The presentation focused on the program's financial structure and operational mechanics.

Program Overview

King explained that the Expansion Area Exaction Program operates on a zero-sum financial model. Fees are assessed on a per-acre basis and vary according to land use type. The program allows developers to receive credits for infrastructure they construct, which can offset their exaction fee obligations.

Committee Discussion

The committee raised concerns during the discussion, with particular focus on financial accountability and the program's long-term sustainability. Members questioned how the program would meet future funding needs and sought clarification on the financial mechanisms underlying the fee structure.

Outcome

The agenda item was deferred, indicating that further discussion or additional information will be needed before the committee takes action on this matter.

B1 ZOTA

Bill Sallee and staff presented a comprehensive review of proposed changes to the B1 zone 50:25. The presentation covered modifications to yard and height requirements, parking rules, and use classifications. The proposed changes were based on a non-residential infill and redevelopment study and intended to update the zoning ordinance.

Key Presenters

Bill Sallee and Tracy Wade led the presentation on the B1 zone modifications.

Presentation Content

The staff review addressed several categories of zoning changes: - Yard and height requirements - Parking rules - Use classifications

The changes were framed as part of an effort to update the zoning ordinance based on findings from a non-residential infill and redevelopment study.

Committee Concerns

The committee raised concerns about potential unintended impacts on the proposed changes. Specifically, committee members expressed worry about: - Unintended impacts on older neighborhoods - Broad definitions within the proposed modifications

Outcome

The agenda item was deferred, meaning the committee did not reach a final decision and postponed further action on the B1 zone modifications.

Adult Day Cares

Chris Ford presented a Zoning Ordinance Development Amendment (ZODA) regarding adult day cares 1:50:41. The proposal clarifies the definition of adult day cares within the zoning ordinance and establishes conditional use requirements for notification and spacing.

Presentation and Support

The Adult Day Cares ZODA received support from the Planning Commission and the Mayor's Commission on Homelessness. Bill Sallee participated in the discussion of this agenda item.

Outcome

The proposal was approved.

Items in Committee

During this agenda item, the committee addressed two matters requiring action 5:00.

Right of Entry

The committee discussed the removal of Right of Entry from the agenda. Following discussion, the committee approved a motion to table this item.

Adult Day Cares

The committee also considered Adult Day Cares. After referring the matter to the full Council, the committee approved a motion to remove Adult Day Cares from the agenda.

Key Participants

Linda Gorton, Harry Clarke, and Bill Farmer participated in these discussions.

Outcome

Both motions were approved by the committee.