But speculator JAY McGARVEY & Co. got their precious three-restaurant PUD approved November 8, 2021 despite frequent flooding.
A proposed PUD Amendment would address flooding concerns, which were not addressed last year, despite numerous points made by PZB member Carl Edward Blow.
No sophisticated investor wants to invest in three flood-prone restaurants.
McGARVEY's project may be "non-viable," intoned Commissioner JOHN OTHA VALDES who said, "things are changing and interest rates are rising." VALDES did not disclose any ex parte contacts (and neither did any other Commissioner).
Wonder why?
- The property owner wanted a waiver of a one-year bar on filing for a rezoning after a PUD is approved.
- A "waiver" is required for a PUD amendment less than a year after the PUD was created.
- A "waiver must be knowing and voluntary and intelligent.
- But the obliging staff placed the waiver on the Consent Agenda!
- This was "mind-boggling" and "unprecedented," said Vice Mayor Nancy Sikes Kline and should not be allowed again.
Kudos to Commissioner Barbara Blonder for removing the item from the Consent Agenda, requiring actual public discussion.
Commissioner Blonder said it would be better for the applicant to wait a year, and get it right this time.
Thanks to both Commissioner Blonder and Vice Mayor Sikes-Kline for voting against the waiver, which passed 3-2, with Mayor UPCHURCH making the motion and Commissioner VALDES seconding it, with Commissioner Roxanne Horvath voting with the developers.
"The lesson has been learned," St. Augustine Mayor TRACY UPCHURCH scolded the staff and their"lack of appreciation" of what Vice Mayor Nancy Sikes-Kline called a "mind-boggling" breach of ethics and transparency.
No staff member apologized for this lousy louche legislative legerdemain. City Manager JOHN PATRICK REGAN, P.E. City Attorney ISABELLE CHRISTINE LOPEZ and City Planning and Building Director AMY McCLURE SKINNER must answer for this attempted fraud on the public.
Enough governmental flummery, dupery and nincompoopery in our Nation's Oldest City, where developers surround Our Town, like sharks cruising surfers at New Smyrna Beach.
In pursuit of a three-restaurant deal at the flood-prone hollow shell of the once-bustling CORAZON THEATER, the speculators flim-flam plans have come a cropper.
Developer JAY McGARVEY is represented by an an attorney who is a "full-time federal employee," Florida National Guard J.A.G. Corps Major GARY BRIAN DAVENPORT.
Placing the waiver on the Consent Agenda showed DAVENPORT was once again shown special privileges, raising eyebrows. This is not equality.
Developers choose lawyers based on perceived influence with the local power structure.
The lesson they teacher their clients is,"Bring extra money" as Jimmy Breslin wrote in How The Good Guys Finally Won," his book about Watergate, which touches on the roofs of political corruption, as in local zoning law.
"Things are changing and interest rates are rising," said VALDES, a third generation Florida developer. VALDES is a snollygoster, one whose 70th birthday party was thrown by developer LOUIS JOHN ARBIZZANI four years ago at ARBIZZANI'S TREASURY event venue on Cathedral Place.
Does the spirit of the late GEORGE MORRIS McCLURE (1951-2013) -- ethically-challenged ROGERS TOWERS developer lawyer, former Mayor of Saint Augustine Beach -- still haunt St. Augustine City Hall, where his niece is in charge of Planning and Building?
You tell me.
When GEORGE McCLURE died, City Attorney ISABELLE CHRISTINE LOPEZ wrote: "Your friends have shared their funny, poignant, silly memories of you over the last few days. We all miss you, but most of all, we remember the private George who was the very best of friends."
The blurred ethical lines in our City of St. Augustine are still producing bad, blinkered decisions, like staff demanding a waiver and attempting to sneak it sub silentio, on the quietus, on the Consent Agenda, to avoid "drama," in AMY McCLURE SKINNER's revealing words, attempting to hide the waiver on the Consent Agenda.
Rev. Dr. Martin Luther, King, Jr. called St. Augustine "the most lawless place" in America.
At least two (2) Commissioners voted to vindicate the Rule of Law on the CORAZON waiver on May 9 2022. See video here (click on "additional item," Item 10C):
Here are the memos establishing staff collusion by St. Augustine Planning and Building Director AMY McCLURE SKINNER and City Attorney ISABELLE CHRISTINE LOPEZ on placing the 36 GRANADA waiver item on our City Commission Consent Agenda:
Sent: Thursday, April 28, 2022 9:33 AM
To: Isabelle Lopez <ilopez@citystaug.com>
Cc: Shanna Lee <slee@citystaug.com>
Subject: RE: reference to "board"
Sent: Thursday, April 28, 2022 9:22 AM
To: Amy Skinner <askinner@citystaug.com>
Cc: Shanna Lee <slee@citystaug.com>
Subject: RE: reference to "board"
Sent: Thursday, April 28, 2022 9:01 AM
To: Isabelle Lopez <ilopez@citystaug.com>
Cc: Shanna Lee <slee@citystaug.com>
Subject: RE: reference to "board"
Sent: Wednesday, April 27, 2022 2:13 PM
To: Amy Skinner <askinner@citystaug.com>
Cc: Shanna Lee <slee@citystaug.com>
Subject: RE: reference to "board"
Sent: Wednesday, April 27, 2022 1:48 PM
To: Isabelle Lopez <ilopez@citystaug.com>
Subject: reference to "board"
- General. This chapter may from time to time be amended, supplemented or changed; the land use plan and land use map established by the comprehensive plan may also be amended and the zoning atlas may from time to time be revised by the rezoning ofland as provided in this section.
- Initiation of proposals. An ordinance for the rezoning ofland may be proposed only by the city commission or any member thereof, by the planning and zoning board or by the owner of subject property, its attorney or duly authorized agent. An amendment to this chapter may be proposed for adoption only by the city commission or any member thereof, or by the planning and zoning board. Proposals to amend this chapter shall be submitted in writing, accompanied by all pertinent information which may be required for proper consideration of the matter.
- Nature and requirements of board report. The report and recommendations to the city commission as required by subsection (d) below shall show that the board has studied and considered:
- The need and justification for the change.
- The relationship of the proposed amendment or rezoning to the city's general planning program and such comprehensive plans as may from time to time be adopted by the city commission.
- Consistency with the Comprehensive Plan.
- Board report to commission. If the board recommends approval of the amendment or rezoning, the board shall forward its recommendation and report to the city commission. The report and recommendation of the board shall be advisory only and shall not be construed to be binding upon the city commission. If the board recommends denial of the amendment or rezoning, the property owner or other person aggrieved may proceed with an appeal to the city commission pursuant to section 28-29(g) of the City Code.
- Limitations on rezoning of land:
- No ordinance to rezone land shall contain conditions, limitations or requirements not applicable to all other land in the zoning district to which the particular land is rezoned, except as provided in article III, division 8.
- Whenever the city commission has, by ordinance, changed the zoning classification of land, the board shall not then consider any application for rezoning of any part or all of the same land for a period of one (1) year from the effective date of such ordinance.
- Whenever the city commission has denied an application for the rezoning of land, no further application shall be filed for the same rezoning of any part or all of the same land for a period of six (6) months from the date of such action. In the event that two (2) or more applications for the same rezoning for any part or all of the same land has been denied, no further application shall be filed for the same rezoning or any part or all of the same land for a period of one (1) year from the date of such action denying the last application filed.
- Land use plan amendments shall be made consistent with the State of Florida's Community Planning Act F.S. ch. 163, as may be amended from time to time.
- Waiver of time limits. The time limits of subsection (e) may be waived by three (3) affirmative votes of the city commission when such action is deemed necessary to prevent injustice or to facilitate proper development of the city.
From: Amy Skinner <askinner@citystaug.com>
Sent: Thursday, April 28, 2022 9:33 AM
To: Isabelle Lopez <ilopez@citystaug.com>
Cc: Shanna Lee <slee@citystaug.com>
Subject: RE: reference to "board"
Ok thank you
From: Isabelle Lopez <ilopez@citystaug.com>
Sent: Thursday, April 28, 2022 9:22 AM
To: Amy Skinner <askinner@citystaug.com>
Cc: Shanna Lee <slee@citystaug.com>
Subject: RE: reference to "board"
Yes there is no requirement in our code that it be on the general agenda, if that is your question. It could be on consent. It isn’t a quasi-judicial hearing it’s an administrative decision to allow the application to be processed. Of course, anything having to do with a PUD tends to be controversial so they may pull it.
From: Amy Skinner <askinner@citystaug.com>
Sent: Thursday, April 28, 2022 9:01 AM
To: Isabelle Lopez <ilopez@citystaug.com>
Cc: Shanna Lee <slee@citystaug.com>
Subject: RE: reference to "board"
Isabelle,
I have a follow up question. Can the City Commission “call to question” be placed on the Consent Agenda to waive the 1 year time limit?
Thank you, Amy
From: Isabelle Lopez <ilopez@citystaug.com>
Sent: Wednesday, April 27, 2022 2:13 PM
To: Amy Skinner <askinner@citystaug.com>
Cc: Shanna Lee <slee@citystaug.com>
Subject: RE: reference to "board"
(f)
Board means PZB, and no the PZB cannot consider the application until the City Commission allows it to go forward( the board shall not then consider any application for rezoning.) So they’ll have to make the case for re-filing to CC and then have the application considered substantively by PZB, and then 2 readings back at CC.
From: Amy Skinner <askinner@citystaug.com>
Sent: Wednesday, April 27, 2022 1:48 PM
To: Isabelle Lopez <ilopez@citystaug.com>
Subject: reference to "board"
Isabelle,
We are working on getting PZB out today, and I am reviewing an amendment to the 36 Granada St. PUD. See the highlighted references in the code below. The original PUD was adopted 11/8/2021 by the City Commission. So below it seems to say that it can be changed again for 1 year, but the time limit can be waived by the City Commission.
So at the PZB level can they make a recommendation to amend the PUD to the CC then we just have to have the CC waive the 1 year before they “hear” it? Or are PUDs different in some way??? Or is the “board” reference in the first highlighted section actually PZB so do they have to waive something before they can “hear” it?
Thank you for any clarification. Just trying to avoid drama…
Amy
Sec. 28-30. Comprehensive plan amendments, rezonings and amendment of chapter.
- General. This chapter may from time to time be amended, supplemented or changed; the land use plan and land use map established by the comprehensive plan may also be amended and the zoning atlas may from time to time be revised by the rezoning ofland as provided in this section.
- Initiation of proposals. An ordinance for the rezoning ofland may be proposed only by the city commission or any member thereof, by the planning and zoning board or by the owner of subject property, its attorney or duly authorized agent. An amendment to this chapter may be proposed for adoption only by the city commission or any member thereof, or by the planning and zoning board. Proposals to amend this chapter shall be submitted in writing, accompanied by all pertinent information which may be required for proper consideration of the matter.
- Nature and requirements of board report. The report and recommendations to the city commission as required by subsection (d) below shall show that the board has studied and considered:
- The need and justification for the change.
- The relationship of the proposed amendment or rezoning to the city's general planning program and such comprehensive plans as may from time to time be adopted by the city commission.
- Consistency with the Comprehensive Plan.
- Board report to commission. If the board recommends approval of the amendment or rezoning, the board shall forward its recommendation and report to the city commission. The report and recommendation of the board shall be advisory only and shall not be construed to be binding upon the city commission. If the board recommends denial of the amendment or rezoning, the property owner or other person aggrieved may proceed with an appeal to the city commission pursuant to section 28-29(g) of the City Code.
- Limitations on rezoning of land:
- No ordinance to rezone land shall contain conditions, limitations or requirements not applicable to all other land in the zoning district to which the particular land is rezoned, except as provided in article III, division 8.
- Whenever the city commission has, by ordinance, changed the zoning classification of land, the board shall not then consider any application for rezoning of any part or all of the same land for a period of one (1) year from the effective date of such ordinance.
- Whenever the city commission has denied an application for the rezoning of land, no further application shall be filed for the same rezoning of any part or all of the same land for a period of six (6) months from the date of such action. In the event that two (2) or more applications for the same rezoning for any part or all of the same land has been denied, no further application shall be filed for the same rezoning or any part or all of the same land for a period of one (1) year from the date of such action denying the last application filed.
- Land use plan amendments shall be made consistent with the State of Florida's Community Planning Act F.S. ch. 163, as may be amended from time to time.
- Waiver of time limits. The time limits of subsection (e) may be waived by three (3) affirmative votes of the city commission when such action is deemed necessary to prevent injustice or to facilitate proper development of the city.
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