This posting is to provide members with information about action taken during the City Council meeting April 5, 2012 concerning rezoning of 8100 Burnet Road.
On March 6, the general membership present voted to adopt a resolution objecting to the rezoning. Following the vote, the Development Committee Chairman appeared before the ZAP Commission and stated the objection to the rezoning. However, the commission voted to approve the requested MF-6(CO) rezoning.
The public hearing before the City Council was scheduled for March 8.
On the morning of March 8, the president delivered a copy of the resolution to the Planning and Development Review Department. It was then sent to the City Council. Later this morning, the developer requested the City Council postpone the hearing until April 5. Late that afternoon, The Council approved the postponement.
The postponement request stated in part: “We are continuing to work with the interested neighborhood groups. Therefore, the applicant is requesting a postponement to the April 5, 2012, City Council meeting in order to have additional time to work with interested parties.” After that date, the developer did not work with NSCNA. A logical conclusion was that NSCNA was no longer considered to be an interested party.
On April 3, the NSCNA Board of Directors authorized NSCNA President Kenneth Webb to negotiate as necessary, in consultation with the Board, Development Committee, or members as feasible, regarding the 8100 Burnet Road rezoning application for an agreement that would be within the purpose of the association, to promote and protect our neighborhood.
During the Council proceedings, there were six speakers in favor. Donna Eagar and I, a representative from Allendale, and another person registered to speak against the rezoning. Kevin Wier was unable to be there until later.
As the outcome of the Council vote appeared obvious, we decided to withdraw our objection to the project in hopes of preserving a viable negotiating relationship with the developer and their attorney
When they called me to speak, I stated that I had been authorized to withdraw the objection to the rezoning (which I had filed on March 8); then answered questions from some council members about the covenant agreements. I discussed the differences between the draft prepared by Kevin and the agreements Alliance signed.
During their deliberations, they asked the staff to investigate which of the agreements could be written into permanent covenants like the 60 feet height limitation before the second reading. They also expressed concern about restricting access to Ashdale Drive. This part of the covenant will likely need revisiting. A supportive Council member advised Kevin following the meeting that we had done the right thing in withdrawing our objection.
The council voted to approve the MF-6(CO) rezoning on first reading.
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