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
I.
Welcome /
Administration
II. Update on MIOZ
Legislation
III. Property Owner
Notification of
Airport Impact
Discussion/Agreed-Upon Actions
Meeting called to order at 9:10 AM
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.
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?
IV. 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.
V. Public Participation
No additional comments.
VI. 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.