7/12/1994 - Laserfiche WebLink

Home Browse Search

With permission from Chairman Tippin, Attorney Ralph Evans questioned Mr. McGuire about the studies conducted by McGuire & Associates, specifically the data regarding loading zones. Mr. McGuire advised that the number of loading zones at the different stores definitely varied; some met the requirements, some did not. He noted that two loading zones would be required of a typical Publix in this county. Most of the stores have a loading zone on either corner of the store rather than having both in one spot. Lengthy debate ensued regarding loading zone requirements and whether anyone could regulate the number of trucks that come in at any given time. In response to Commissioner Bird's questions, Mr. MacLean explained that the problem is with 6 or 8 trucks sitting in the back of the store without hindering a free flow of vehicular traffic. Mr. MacLean referred again to Attorney Vitunac's memo of 7/6/94 on Standard of Review for Site Plan Approval. Item #2 states, "However, if they do become an issue, the burden of proof is on the applicant to present competent, substantial evidence showing compliance with each objectively determinable standards requirement." Mr. MacLean felt that Attorney Vitunac has made it crystal clear that they (Halvorsen) have the burden of proof on the site plan issues, and he didn't think they have come close enough. Attorney Warren Dill stated he is representing Gene Winne, William Lampert, Robert Salmon, John Zilg, and George Millington. He advised that because of the time factor he would like to ask Peter Armfield to come forward at this time to give his professional opinion as to the possible devaluation of property surrounding the proposed shopping center. Peter Armfield, president of Armfield-Wagner, real estate appraisers, found that there are no exact replications_ of this type of development where a luxury residential community is located this closely to a shopping center which includes a supermarket. After looking at other shopping centers and other Publix stores and studying lot sales on the beach, they noticed there is a detrimental effect on lot sales when they are located next to incompatible uses such as condominiums or commercial zoning. Traffic influences are generally thought to be negative and decrease the quality of life in such a location. The lot sales that they investigated indicated as much as 30 to 40 percent decrease in value from interior lots that did not have those kinds .9 July 12, 1994 BOOK 92 FACE 864