Council Member Jennifer Gates’ office has posted updates to the PD-15 Authorized Hearing Steering Committee. First, note that the committee membership continues to change. Robert Bowling is now the second representative for Preston Tower and Karen Stuart has replaced Jim Panipinto as the representative from Diamond Head Condos. Panipinto is now listed “at large” (whatever that means).
Stuart replaced Panipinto after residents voiced their opposition to his representing the interests of Diamond Head Condos. Understandable, considering he’s not a resident of the building (he owns a rental unit in the building).
The FAQ document has also been updated, but not enough. For example, in the “Other” section:
Q: Can a property owner submit an application for a zoning change while the authorized hearing process is in progress?
Yes, a property owner may submit an application for a zoning change at any time provided proper authorization is submitted.
Q: What is proper authorization for a condominium complex?
The applicant must prove the authority to submit a zoning change application. It is presumed that 100% of the owners must give authorization. If the condominium by-laws specify a percentage less than 100%, verified letters of authorization and condominium association by-laws must be submitted with the application.
Using Diplomat as my example, this question seems to be asking whether a complex can file a zoning change to utilize any of the surplus units currently available within PD-15. For example, Diplomat/A.G. Spanos filing a case to use the 60-ish units in addition to Diplomat’s 15 to create a 75-ish unit building.
“Proper authorization” in this example means the “100%” permission of the remaining parcel owners within PD-15 to utilize the 60-ish surplus units (not the approval of the applying building’s residents). The same unanimous authorization of building owners would be needed for a voluntary change to any of the PD’s zoning specifications (something that didn’t happen in the first PD-15 task force and why the authorized hearing is taking place).
So while it’s true that a building within PD-15 could apply for a zoning change, realistically, they would never be able to get the required unanimous approval from the other buildings. The point is moot.
These questions and their answers appear to be mixing up the internal requirement for a building’s owners to decide to sell their own property (to a developer) which is spelled out in their HOA documents (and is likely 100 percent, but could be less – I’ve seen 80 percent in some cases). Approving the sale of your own property isn’t a zoning change and therefore wouldn’t need city authorization.
Now once a building has decided to sell and the contingent buyer wants zoning changes, then the owners/sellers must support those changes (buyer’s contingencies) until they are granted and the parcel changes hands.
Note to Gates’ staff: All documents should be versioned and dated so any updates are easy for everyone to track.
Meeting Schedule Announced
The first five meetings have been announced. All will take place from 6 to 7:30 p.m. at the Walnut Hill Recreation Center located at 1011 Midway Road and Walnut Hill (if that wasn’t obvious).
- Thursday, June 28 (Yikes, next Thursday!)
- Wednesday, July 11
- Thursday, July 26
- Wednesday, August 15
- Thursday, August 30
I’ve placed these meetings in my calendar and so should you … for the entertainment value alone (bring your popcorn).
Remember: High-rises, HOAs and renovation are my beat. But I also appreciate modern and historical architecture balanced against the YIMBY movement. In 2016 and 2017, the National Association of Real Estate Editors recognized my writing with two Bronze (2016, 2017) and two Silver (2016, 2017) awards. Have a story to tell or a marriage proposal to make? Shoot me an email [email protected]. Be sure to look for me on Facebook and Twitter. You won’t find me, but you’re welcome to look.
