040405 Jt PH Cond Use, Develpo Agmt, Zoning, etc.-Geneva Commons Proj 200 E. First American Way

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Mr. Jack W. Golden September 16, 2004 Page 15 of 20 Moreover, the AEE does discuss each of the AELUP's "land use policies." See Goal 1 (AEE Page 17) which states "Protect sensitive land uses from airport related noise impacts ", Goal 2 (AEE Page 17) which states "Protect the safety of the general public from aircraft hazards" and the Background Section (AEE Page 1) which states in part "ensuring navigable airspace is not impacted by future development in the City. Since these land use policies are already contained within the AEE, there is nothing within this section of your letter that indicates how the AEE is inconsistent with the AELUP in this regard. X. Page 5, Item 6 "Policy 1.2 on page 19 should also advocate that noise sensitive land uses (i.e. [sic], residential, schools, parks, etc.) not be placed near existing flight paths, consistent with the AELUP policies regarding the location of noise sensitive land uses in noise impact areas. The AELUP states on page 23 that "Noise- sensitive institutional uses such as schools, churches, hospitals, libraries, and other noise- sensitive uses may also be inconsistent in this zone." The AEE states "Noise sensitive institutional uses such as schools, churches, hospitals, libraries, and other noise - sensitive land uses may also be inconsistent in this zone unless it can be shown conclusively that such units are sufficiently mitigated to address present and projected noise exposure." AEE page 4 -5. The language in the AEE is already stronger than required by the AELUP. Also, the AELUP does not require that these uses be prohibited near existing flight paths. As such, there is nothing within this section of your letter that indicates how the AEE is inconsistent with the AELUP in this regard. XI. Page 6, Item 7 "The reference to "general public' in Goal likely includes persons working in the affected commercial projects and living in the residential projects, but Goal 2 should be revised to specifically define the "general public. " The well - established principle of statutory construction provides that if a term is undefined, it must have common everyday meaning. Additionally, I note that the AELUP does not define "general public" or many other terms used in the document because they have common everyday meanings. As such it is unnecessary for the AEE to define "general public." There is nothing within this section of your letter that indicates how the AEE is inconsistent with the AELUP in this regard. XII. Page 6, Item 8 "Policy 2.1 should also reference consultation with the ALUC."