Green Cove Planner Forced To Admit Apartment Complex in 'Close Proximity' to Runway
He Also Agrees That Aviation Uses at Reynolds Are 'in the Public Interest'
Anyone who makes it through life without ever having to give a deposition is lucky. “Deposition” is just another word for interrogation.
Lawyers are not allowed to strap you to a table and pour water down your throat through a cloth, so they set verbal traps designed to elicit statements that can be contrary to your interests in an upcoming trial. They are sneaky.
Michael Daniels was 42 when his luck ran out last September.
Daniels is planning director for Green Cove Springs, and the lawyers for the aviation company suing Green Cove wanted to get him on the record in connection with their client’s lawsuit against the city.
Green Cove has approved an apartment complex that the aviation company, Pegasus Technologies, claims will present a safety hazard, and it sued the city to stop the project. The runway Pegasus uses at Reynolds Industrial Park points directly at the proposed, 260-unit complex.
Please refer to earlier stories (listed at the bottom) for more background on the case but particularly this one: Green Cove Crosses a Shadowy Aviation Outfit, Faces Financial Consequences.
Although Daniels testified in his deposition on Sept. 6, the transcript was only recently made public by the Florida court that is hearing the case.
Lawyers for Pegasus wanted to get Daniels to make at least three damning admissions:
That the runway in question really is part of an airport, which the city denies.
That the rezoning of the parcel in question constituted a “spot zone,” which is a bad thing.
That the runway in question is close to the planned apartment complex.
From the Transcript
Question: And it's in the public interest as stated in the comp plan that there be aviation industries within Mixed-Use Reynolds Park.
Daniels: Okay. I mean, it's within the comprehensive plan, yes I agree with that.
Then, Daniels valiantly tried to walk it back. The phrase “public interest” is part of the state’s definition of airport, and his quasi-admission contradicts the city’s position that Reynolds Air Park is not, in fact, an “airport.”
Here’s the state of Florida’s definition:
“Airport” means any area of land or water designed and set aside for the landing and taking off of aircraft and used or to be used in the interest of the public for such purpose. (Emphasis added)
Pegasus is asking the judge to rule against the city in part because it made the rezoning decision for the apartments without first adopting state-mandated “airport protection zoning regulations.” This is the language in state law describing the mandate:
Every political subdivision having an airport hazard area within its territorial limits shall adopt, administer, and enforce, under the police power and in the manner and upon the conditions prescribed in this section, airport protection zoning regulations for such airport hazard area.
The city’s position is that it is not required to have airport zoning because there is no airport, even though aircraft of various types fly in an out of the Air Park regularly and even though its own future use plan for Reynolds includes an on-site aviation school.
The lawyers then moved onto the question of runway proximity.
Question: Would you agree that the Preserve at Green Cove Springs is in close proximity to the runway at Reynolds Airpark?
Daniels: Well we looked at that and that was—you know, it is about 2,600 feet from the property, 2,679 feet.
Question: And my specific question is: Would you agree that represents close proximity to the runway?
Daniels: I mean, I know it's 2,679 feet.
(The lawyer and Daniels continue to spar for a several paragraphs, and Daniels stands his ground.)
Question: So based on that, you would not describe it as close proximity.
Daniels: No.
Spot Zoning
The owner of the land in question petitioned Green Cove to annex the property from Clay County with the understanding that it would be rezoned to a “mixed-use zone,” which allows apartments.
The lawyer proceeded to get Daniels to admit that the County zoning for the same parcel—light industrial—would never have allowed apartments.
Daniels conceded that all the adjacent properties under county jurisdiction are zoned industrial and that Reynolds is currently zoned industrial, but will become “mixed use” in the future.
The city went ahead and rezoned the parcel in question mixed-use, too, even though there is no mix; the actual use would be entirely residential—apartments.
Still, Daniels would not concede that the city had in fact created a de facto “spot zone,” which would have been harder to defend to a judge.
Trap Sprung
Then the lawyers sprung a trap in connection with earlier questioning.
They had Daniels read recommendations and requirements for the developers of the parcel to follow.
Daniels (reading): “…A disclosure notification shall be provided with the lease agreements for the multi-family units located on the property informing the tenants that the proposed development is located in close proximity to the runway for the Reynolds Park."
Question: You wouldn't want the developers to lie to tenants, would you?
Daniels: No.
Question: You wouldn't want them to tell the tenants it was in close proximity, if, as you told me today, you didn't think it was in close proximity, would you?
Daniels: No.
Question: In fact, Mr. Daniels, in doing your professional analysis, reviewing data, providing your professional opinion to your employer, the City Council, it was your conclusion that this development was in “close proximity” to the runway at Reynolds Airpark.
Daniels: Yes.
Question: And that remains today. You believe it's in close proximity; do you not?
Daniels: Yes.
Previous Stories
Green Cove Crosses a Shadowy Aviation Outfit, Faces Financial Consequences
25 Years Ago, a Spy Plane Nosedived Into a Florida Houseboat
'Black Hawk Down' Pilot Speaks for Pegasus in Lead-Up To Legal Battle (Videos)
The author is a career newspaper reporter and editor who covered federal and state courts. He was former editor of New Hampshire Sunday News. Nowadays, he spends most of his time writing about issues affecting boats and boating.
So sad for We The People.