Medical office project hits snag

The approval of a development agreement for a property held by J.D.P. Land Holdings LLC, at first, seemed like a shoe-in.

The city annexed the property at its Nov. 17 meeting, held a public hearing on Dec. 8 regarding land use and zoning changes, and asked the city attorney to prepare a development agreement.

But it hit a snag Tuesday when Sharon Glisson, daughter of a neighboring property owner, and Joan Hughes, a former assistant state's attorney, told the city council the project was too close to an eagle's nest on his property.

Glisson explained that her father was not able to attend the public hearing on the matter and she was recovering from surgery when the public hearing was held.

The developer wishes to build nine buildings for possible medical office space directly behind the Sebring Heart Center, across from Lake Jackson, with an entrance from the center's parking lot and also from Trojan Avenue, which runs parallel to the heart center.

Hughes told the council that the nest is within eyesight of the Sebring Heart Center. She said that the state's Bald Eagle Management Plan calls for the birds to have a safe space of 660 feet and that some of the property markers are inside of that distance.

City Attorney Bob Swaine told council members that this was an issue the state would have to decide and the development agreement is not a building permit. It by itself does not allow a landowner to begin construction without taking further action.

There are a number of permits they need to obtain from various regulatory agencies outside the city before they can begin construction.

"The presence of an eagle may very well preclude one or more of those permits or may require that the land development be done in a way to mitigate any potential harm if an eagle is present," said Swaine Thursday.

The council voted 2-2 on the development plan with Councilmen John Clark and Scott Stanley voting yes. Councilman Bud Whitlock and Council President John Griffin voted no. This defeated the motion to approve.

Councilwoman Margie Rhoades was absent from the meeting.

The applicant can ask that the item be brought back up for another vote.

Council also voted 3-1 on first reading of an ordinance changing land use designation of the 1.2-acre property in question from county medium density residential to city commercial and the zoning classification from county agricultural use to city C-1 zoning.

Councilman Whitlock cast the dissenting vote.