04/04/2006 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 4/4/06 .,,~~, The consequential increase in set-back requirements and more restrictive codes that result from the rezoning will impede their ability and willingness to sell or grow their assets and businesses. This type of incompatible zoning also encourages future conflicts and confrontations between property owners that the city will be pressured to resolve. Barton-Bradley is the last remaining azea of the city where development can be carefully and deliberately planned and promoted in a way that will accommodate new Land uses. There is enough land to creatively address sufficient areas of buffering adjacent to Large lot residential, which is more desirable than the high-density cluster housing project that is currently before you. Cazeful planning can assure a smooth transition, and allow existing property owners to continue their livelihoods without jeopardizing their investments and property values. Sincerely, John J. Thomas" Councilman Gareau inquired of the Clerk whether a letter from Mr. Rinker had been provided to City Council prior to the meeting. The Clerk answered yes. Councilman Gazeau noted there had not been a request to read the letter at the meeting, and he suggested dispensing with the reading of the letter and making it a part of the record since each Council Member received a copy prior to the meeting. (Please see a copy of the letter which is attached to the minutes.) Law Director said he wished to make comments regarding Mr. Rinker's letter: In part, the letter indicates that the applicant believes that perhaps the city has been inconsistent in the advice that has been provided regarding rezoning along the way. He would suggest that is not the case. An issue apparently was raised early on in the process whether or not rezoning this single parcel from limited industry to single-family cluster constitutes illegal spot zoning. He doesn't believe that it would constitute illegal spot zoning. Later on at the end of the process, he advised Council it would not be prudent to rezone just one parcel in the area. There are several classifications in that area. This parcel has all three zonings-it's part multi-family, part single-family and part limited industry. It is one thing to say that the City Council, if it chose to exercise its legislative discretion, could consider rezoning and that the concept of spot zoning wouldn't be a baz from rezoning is quite another thing to say that the city had mandated that the city rezone this single parcel. Again, the advice that he provided to City Council when the project unfolded and as it came to Council's direct attention, was that it would not be, he believed, a good exercise of city legislative discretion to rezone this single parcel in light of the fact that there are significant differences in permitted uses and in the restrictions between limited industry district and single-family cluster. AUDI NCE PARTIIC~PATItJ-N Delores Lebazge, 5430 Sunset Oval, expressed her opinions on what is happening in America. She feels we are "losing" America. Ms. Lebazge continued speaking about various social ills of our country and of the world which are of great concern to her. Charles Dial, 27959 Gardenia, spoke again about what he considers the topic of on-going obstructionism that he feels some Council Members are delighting on. He said this is the 21St Century and that type of politics does not belong. He said it is Council's job to 14