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JT75C - 200 E. 1ST AMERICAN WAY
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JT75C - 200 E. 1ST AMERICAN WAY
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1/3/2012 4:56:48 PM
Creation date
3/30/2005 12:13:50 PM
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City Clerk
Doc Type
Agenda Packet
Item #
75C
Date
4/4/2005
Destruction Year
2010
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<br />Mr. Jack W. Golden <br />September 16, 2004 <br />Page 15 of20 <br /> <br />Moreover, the AEE does discuss each of the AELUP's "land use policies." See Goal 1 <br />(AEE Page 17) which states "Protect sensitive land- uses from airport related noise <br />impacts", Goal 2 (AEE Page 17) which states "Protect the safety of the general public from · <br />aircraft hazards" and the Background Section (AEE Page 1) which states in part "ensuring <br />navigable airspace is not impacted by future development in the City. Since these land use: <br />policies are already contained within the AEE, there is nothing within this section of your ' <br />letter that indicates how the AEE is inconsistent with the AELUP in this regard. <br /> <br />X. Page 5, Item 6 <br /> <br />"Policy 1.2 on page 19 should also advocate that noise sensitive land uses <br />(i.e. (sic], residential, schools, parks, etc.) not be placed near existingjIight <br />paths, consistent with the AELUP policies regarding the location of noise <br />sensitive land uses in noise impact areas. <br /> <br />The AELUP states on page 23 that "Noise-sensitive institutional uses such as schools, <br />churches, hospitals, libraries, and other noise-sensitive uses may also be inconsistent in this <br />zone." The AEE states "Noise sensitive institutional uses such as schools, churches, <br />hospitals, libraries, and other noise-sensitive land uses may also be inconsistent in this zone <br />unless it can be shown conclusively that such units are sufficiently mitigated to address <br />present and projected noise exposure." AEE page 4-5. The language in the AEE is already <br />stronger than required by the AELUP. Also, the AELUP does not require that these uses <br />be prohibited near existing flight paths. As such, there is nothing within this section of <br />your letter that indicates how the AEE is inconsistent with the AELUP in this regard. <br /> <br />XI. Page 6, Item 7 <br /> <br />"The reference to "general public' in Goal 2 likely includes persons <br />working in the affected commercial projects and living in the residential <br />projects, but Goal 2 should be revised to specifically define the "general <br />public. " <br /> <br />The well-established principle of statutory construction provides that if a tenn is undefined, <br />it must have common everyday meaning. Additionally, I note that the AELUP does not <br />define "general public" or many other tenns used in the document because they have <br />common everyday meanings. As such it is unnecessary for the AEE to define "general <br />public." There is nothing within this section of your letter that indicates how the AEE is <br />inconsistent with the AELUP in this regard. <br /> <br />XII. Page 6, Item 8 <br /> <br />"Policy 2.1 should also reference cons~!tation with the AL Uc. " <br /> <br />75C-210 <br />
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