Jlus implementation Committee Meeting Community Planning Division ls – Jacobs Conference Room Friday, September 25, 2015

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JLUS Implementation Committee Meeting

Community Planning Division

LS – Jacobs Conference Room

Friday, September 25, 2015

9:00 – 11:00 AM
Members Present: Howard Stone, Betty Horton-Hodge, Fred Harley, Col. Kuester, Jeanette Musil, Nakia Wright, Nell Johnson, Lavinia Baxter, Redell Duke, Nick Charles
Members Absent: David Iannucci, Marc Shaenar, Louise Lanier-Finn, Julie Woepke, David K Lewis, Mike Graziano, James R. Estepp, Thomas Aylward, Dorothy Bailey, Lavinia Baxter
Staff Present: Ivy, A. Lewis, David Green, Brandon (Scott) Rowe, John Wooden, Valecia Wilson

Agenda Item

Discussion/Agreed-Upon Actions

  1. Welcome / Administration

Meeting called to order at 9:10 AM

  1. Update on MIOZ Legislation

The MIOZ legislation will be voted on by the Council’s Planning Zoning and Economic Development Committee on September 30, 2015. If approved, a public hearing will be scheduled sometime in November 2015.

  1. Property Owner Notification of Airport Impact

Can we make owners liable for failure to notify tenants of the existence of an Approved Military Installation Overlay Zone?

  • Yes, but we need to amend the section of the Zoning Ordinance dealing with aviation matters.

Should we update language in the Clear zone plan to encourage the District Council to adopt language in the County Code requiring property owners to disclose to tenants whether or not their property is within and therefore subject to the regulations of the MIOZ?

  • We need to get the opinion of the Commission’s and the Counties lawyers as well as the real estate advisor to the JLUS Committee, Mike Graziano. Let’s plan to have an answer to this question by the December JLUS Committee meeting.

  • Ivy: It may be possible to get language placed in our County Code holding owners responsible for their tenant’s non-compliance with the MIOZ, but how effective will enforcement of this be? After all, the County already requires all tenants to obtain a Use and Occupancy permit and yet we learned in our Beech Road Study that close to 50% of businesses in that area still do not have them. So although, placing new language in our County Code may be possible, will it be effective and enforceable?

  1. Clear Zone Mitigation Action Plan – Final Recommendations (Clive Graham, ERM)

Clive Graham, Project consultant from ERM began his presentation of the final recommendations of the Clear Zone Mitigation Action Plan by reviewing sections not discussed at the September 4, 2015 JLUS Committee meeting. These sections included:

  1. A discussion of Notice and Disclosure to individuals looking to purchase property in the Clear Zone.

  2. A review of the draft brochure.

  3. An overview of possible relocations sites within a 5-mile radius of the Clear Zone.

During Clive’s presentation on relocation sites he maintained that only 25 properties would need to be relocated and most available sites are within a 5 mile radius of their existing locations.

  • Approximately, five businesses within the Clear zone wouldn’t need to be relocated for various reasons. For example, one of these is the “Classic nightclub” which since the studies inception has been vacated.

Stakeholder question about whether Clear Zone business interviews were conducted: they occurred last fall. Some of the interviews were done by phone, others were done in person.

  • EDC not aware of research-- the consultants had access to the same data EDC would have obtained to assist in this research so for the sake of expediency they were not involved.

Most businesses in the Clear Zone awaiting the outcomes of the work of the JLUS Committee regarding this area before making decisions pertaining to expansion, and modification of their existing spaces.

Once a strategy to clear the Clear Zone commences several businesses would not need to be relocated but would consolidate operations to existing spaces in neighboring jurisdictions, or through closure of their operations altogether.
At the conclusion of ERM’s presentation, a robust discussion began on what final number (approx. $15,000,000) should the County request from the Federal government to acquire/mitigate the impacts in the Clear Zone. At the September 4th meeting, Ms. Johnson, reminded the JLUS Committee that the $15 million figure did not include additional expenses needed to acquire the Clear zone including, relocations and demolition costs, and possibly costs to clean up the site from hazardous materials.
Clive Graham (ERM), suggested doubling the cost figure from $15 million to $30 million, and that which isn’t used can be given back, or the County can start with requesting a smaller number ($250K) just to get the initiative in the Federal budget.
Several JLUS Committee members suggested obtaining appraisals or contacting agencies that have been involved in this type of work for estimates.

  • Scott Rowe and a member of the consultant team, Chris Patusky, informed the group that actual appraisals are expensive and by time they were completed the market will have likely changed. He added in working for a previous organization, that their practice was to approximate the value of the land to be acquired as best you can and request a multi-year appropriation.

Mrs. Horton-Hodge asked that before the JLUS Committee endorses the final report, that the two final requested appropriation numbers be justified and she questioned the need for disclaimer language placed on the Draft report.

Jeanette Musil, explained that DOD, Office of Economic Adjustment who provided the grant for the project required a disclaimer.

  1. Public Participation

No additional comments.

  1. Information Sharing

Lt. Colonel Keister stood in for Colonel Kale at this JLUS meeting. He also provided lead security for JBA for the Pope’s visit.
Please add Lavinia Baxter to the JLUS Committee roster as the Counties’ representative.

VII. Adjournment

Meeting adjourned 11:00

Action Items:

  • Get the Counties and the Commissions lawyers opinion regarding adding language in our Zoning Ordinance requiring owners to notify tenants of MIOZ obligations

  • Staff will check in with National Association of Realtors representative to the JLUS Committee Mike Graziano on the feasibility and implications of requiring owners to notify tenants of their MIOZ obligations.

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