Capt. Lee Geanuleas, USN (Ret.)
On 2/23/17 9:21 PM, St Augustine Residents Count wrote on Facebook:
First Amendment hero Warren Celli (who defeated the City of St. Augustine in a 1999 jury trial) responds,Neighbors,
Why the Planning & Zoning Board (PZB) should not rezone the Barnacle Bill’s restaurant property from Historic Preservation District 5 (HP-5) to Planned Unit Development (PUD) for San Marco Hotel parking.
Reason #2: The proposed rezoning violates the requirements of the city’s Comprehensive Plan 2030.
How can that be and just what the heck is the Comprehensive Plan 2030 and why should I care, you may ask?
Well, the Comprehensive Plan (aka “Comp Plan”) is sort of a vision for what the city wants to become. In its Future Land Use (FLU) section the Comp Plan specifies what land uses and densities are allowed in a given area of St Augustine. This is referred to as the “underlying land use.”
Boredom Warning! This discussion may get a wee bit dry and “legalistic,” but truth is that’s really what every rezoning request comes down to, so try not to doze off as you read on.
In the case of the San Marco Hotel Planned Unit Development (PUD) on the corner of W. Castillo Dr. and San Marco Ave and its proposed PUD for parking on the adjacent Barnacle Bill’s lot, the underlying land use is Historic Preservation (HP).
Here’s what the Comp Plan says about HP Future Land Use: "Policy 1.3 Historic Preservation District: This district is intended to provide primarily residential uses that will encourage the preservation and restoration of historic structures in the district. This district is also intended to provide a mix of residential uses and compatible nonresidential uses that will encourage the restoration and reproduction of historic structures and maintain the historic and low intensive ambiance of the neighborhood, and pedestrian scale of the neighborhood.”
Unfortunately for the developer, the proposed PUD for hotel parking is in direct conflict with Policy 1.3 in that the establishment of parking in a HP District for a hotel and commercial special events venue:
1. Is not compatible with other allowed uses in the neighborhood2. Does not encourage the restoration or reproduction of historic structures3. Is not “low intensive,” and4. Building a hotel the size of the Casa Monica bordering on residential Grove Ave, no matter how attractive, cannot be described as “pedestrian scale.”
In a funny way this rezoning from HP-5 to parking brings to mind what my 6th grade teacher would often say about the Holy Roman Empire; “It was neither holy, nor Roman, nor an empire”
In a similar way, we are being asked to rezone precious HP-5 property to a PUD for hotel parking on land with an underlying land use of historic preservation that is has nothing to do with historic preservation, is not compatible with the neighborhood and supports a hotel that is not pedestrian in scale.
Other than that, it's a perfect fit!
Got to ask, why have a Comp Plan if you're not going to follow it?
Preview of Reason #3: The proposed rezoning violates our City Code
On behalf of St Augustine Residents Count,
"Got to ask, why have a Comp Plan if you're not going to follow it?"
Great question Lee!
One could also ask why have a Sheriff if he will not investigate and enforce the 'rule of law' as in the Michelle O'Connell case?
Or, why have a Constitution if it is blatantly ignored by a hijacked murderous government that produces Jim Crow law faster than Carter produced those little liver pills?
Let me hazard a guess as to the thrust of your forthcoming reason #3 "The proposed rezoning violates our City Code", based on your preview image, the crowning of King Charlemagne.
Charlemagne was noted for creating rules that facilitated the smooth and harmonious functioning of societal interactions. One of his most notable rules was to specify that all throughout his kingdom a penny, regardless of what its local name was, was to contain a specified amount of silver. This law greatly increased trade and the production of goods as the producers and merchants had a reliable means of exchange. It worked enormously well for a while until the crooks at the mints began to debase the coins by putting a progressively lesser amount of silver in each run of coins, thus debasing the entire system and rendering it useless.
Barnacle Bills proposed rezoning not only debases the Comprehensive Plan 2030, as you have so adroitly shown in this missive, but it also debases the City Code (as you will show, and that is my guess here) and thus should be denied.
The take away here is that we need more than eternal vigilance Lee, we need to strive for greater perception and oversight.
Thanks for providing your excellent greater perception.
On behalf of Intentionally Made Homeless and Oppressed Residents Everywhere Count.
cc Ed Slavin