Gov't
City Council Decision Inconsistent: Just the Facts
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By Dave Freneaux
Council Members Messina, Washington and LoBue ensured that this half condemned building will be the focal point of Central’s most historic intersection for at least another year. Earlier this month they voted 3-2 against the rezoning that would have allowed a developer to build a brand new and smaller brick façade retail or office complex. Council Members DeJohn and Moak voted to approve the rezoning. In October of 2011 the City Council unanimously approved an almost identical rezoning request. Two effectively identical rezoning requests…one approved…one denied…Just The Facts.
Claim: In emails this week Mr. Messina and Mr. LoBue each claim that they denied the rezoning in order to be consistent with a 2010 rezoning decision in the Hooper Road area designated as “City Center”.
2010 Was NOT a Council Case
Fact: The current rezoning request was approved by P&Z (Planning & Zoning Commission) and was went to the Council for consideration, and it was denied. The 2011 nearly identical case was approved by P&Z and unanimously approved by the City Council. The 2010 case was defereed by P&Z and never even discussed by City Council.
Zoning Classification
Fact: The current rezoning request, which was denied, was for Light Commercial 1. The 2011 request, which was approved, was for Light Commercial 1. The 2010 request was for a less restricted Light Commercial 3. Messina, Washington and LoBue compared the current request to the dissimilar 2010 case and seemingly did not consider the similar 2011 case which was approved.
Consistent Use
Fact: The current denied rezoning request was to continue using the property as retail and office space. The 2011 approved request was to continue using the property as shop/warehouse. The 2010 request was to continue the existing gas station and ADD a used car lot. Messina, Washington and LoBue again compared the current request to the very different 2010 case and appear to have ignored the similar 2011 approved case.
Deferral vs Denial
Fact: The current rezoning request was denied, meaning it cannot be reconsidered for an entire year. The 2011 request was approved, allowing the property to be used as a warehouse. The 2010 zoning request was deferred by P&Z, meaning that the property owner can ask for the rezoning to be reconsidered at any time. Once again, Messina, Washington and LoBue ignored the similar and more recent 2011 approval and denied the rezoning based on an older and very different 2010 decision which was deferred, not denied.
Inconsistency
Fact: Council Members Messina. Washington and LoBue had only one other City Council rezoning request in City Center on which to base their decision. They could have compared the request to the 12 month old approved rezoning request which was basically identical to the request before them. Instead, they chose the two year old rezoning request which was never even heard by City Council and was for a completely different zoning classification and would have allowed a used car lot in the heart of historic Central, and then they chose to deny the request rather than deferring it, which would have been at least partially consistent with the 2010 decision.
These are….Just The Facts.
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