Archer concrete batch plant permit applicant withdraws application after nearly six hours of discussion

BY DAVID LIGHTMAN

ARCHER, Fla. – At a September 9 meeting at the Archer Community Center, the Archer City Commission ratified a contract for consulting services with Bryan Thomas. After nearly six hours of discussion about a conditional use permit for a proposed concrete batch plant, the applicant’s attorney said they would withdraw the permit application and re-submit it at a later date.

Consulting contract with Bryan Thomas

Commissioners introduced an item to ratify a contract with Bryan Thomas, former Planning Director for the City of Newberry, for consulting services to evaluate whether the plan for the proposed concrete batch plant is in compliance with local ordinances, land development code, and state statutes.

The contract is for a maximum of 10 hours of work at $150 per hour ($1,500 total). Thomas explained that he had already done the work and had exceeded the 10-hour limit by several hours, but he wouldn’t charge anything for those extra hours.

Land Use Attorney Byron Flagg, who was at the meeting representing an Archer resident who might be affected by the concrete plant, said that a contract spending City funds must be heard at two different meetings before being approved. City Attorney Danielle Adams said that is technically correct, but since they had already discussed hiring Thomas at an earlier meeting, they could go ahead and approve the contract on that basis. 

Commissioner Fletcher Hope made a motion to ratify the contract with Thomas, and Commissioner Joan White seconded his motion. It passed unanimously.

Conditional use permit for concrete batch plant

Mayor Iris Bailey introduced a resolution to approve a conditional use permit for a concrete batch plant to be built on a 5-acre corner of the 25-acre former Maddox Foundry and Machine Shop property. City Attorney Adams explained that it would be a quasi-judicial proceeding, and only direct evidence presented at the hearing should be considered when making a decision. The Planning and Zoning Board voted 2-2 on a motion to approve the plan, so there was no formal recommendation from them.

Speaking at the podium, Bryan Thomas listed some of his credentials and experience as a Planning Director and Public Manager. Thomas said the land classification is Industrial, but a concrete batch plant requires a conditional use permit because it operates outdoors. 

The applicant’s attorney, Patrice Boyes, said the concrete batch plant would be a “much less intense use of the property” compared to the former Maddox Foundry that ceased operations approximately 10 years ago. She presented a list of possible reasons for setting conditions, such as limiting excessive noise. But, Boyes said, the permit must be granted unless it violates any of five specific conditions, as a concrete batch plant is a permitted use of the land.

Boyes said the permit could only be denied if the proposed use:

• Fails to comply with this land development code;
• Poses a danger to public health and safety;
• Poses a substantial adverse impact on adjacent property values;
• Is substantially out of character with the existing neighborhood; or
• Conflicts with the comprehensive plan.

Boyes said all of the professionals who have reviewed the plan, including Thomas, agree that it meets local codes and the comprehensive plan. Boyes said she agrees with staff’s recommendations for the conditional use permit, such as limiting the hours of operation and having buffers and fences. 

Professional Engineer Christopher Gmuer said his company prepared the application on behalf of the applicant and owner of the property, Ronnie Arnold. Gmuer said the location is ideally situated to serve the local construction community because it is equidistant to the nearby cities of Gainesville, Newberry, Bronson, and Williston. He reviewed the history of the application, which has been in discussion since 2022. 

Addressing concerns about dust control, Gmuer said technology has advanced a lot, and they are able to contain 90% of one-micron particles. Gmuer said the plant is expected to create between 15 and 25 jobs, and it should help to expedite construction projects in the area and reduce “truck trips.”

Boyes returned to the podium and said her Certified Appraiser, Rich Kirkland, was on the phone. Kirkland said he was asked to perform an impact analysis on the properties surrounding the proposed concrete batch plant. He said property values in Newberry have not been affected by a nearby concrete batch plant, and that is also true in Jacksonville. Kirkland finished, “It is my professional opinion that this project, as proposed, will not have a negative impact on adjoining property values, that it is in harmony and that it is in character with the existing neighborhood.”

Attorney Flagg asked Kirkland if he had visited Archer as part of this appraisal. Kirkland said he had not, although he had visited Archer within the past two months. After further questioning about the importance of having a close understanding of the property being appraised, Boyes entered an objection on the record. Flagg asked Kirkland the purpose of his last visit to Archer, and Kirkland said he passed through on his way to a different part of Alachua County. Kirkland said he used GIS software to make his analysis.

Thomas returned to the podium and discussed the fences, buffers, and berms that staff recommended for inclusion in the conditional use permit. Speaking generally in favor of approving the permit, Thomas said, “There are thousands [of concrete plants] all over the country. You don’t hear about the ones that are behaving well.”

Responding to a question from White, Thomas said the plant in Newberry is 900 feet from the closest residence, while the proposed Archer plant would be closer to 400 feet.

Owner of property 460 yards from proposed plant presents objections

Speaking at the podium, Attorney Flagg said he represented Bill Lewandowski, who lives approximately 460 yards southeast of the proposed concrete plant. Flagg continued to raise concerns that Thomas was hired illegally (in a single meeting) and said that his testimony and work should be disregarded. 

Flagg pointed out that local noise regulations might prohibit the operation of the plant during early morning hours. He mentioned other ways the plant might conflict with existing code, and he raised concerns about the safety of concrete trucks on the local roads. Flagg’s clients, Bill and Joyce Lewandowski, both gave their views on why the permit should not be approved, focusing on extra traffic, dust, and noise.

Flagg presented his own expert appraiser, Michael Hotaling of Moody Williams. Hotaling said, “It’s such a logical argument this is going to have an adverse impact [on property values] that I really don’t know why we’re even having the discussion. It’s going to.”

Flagg finished by raising questions about the plant being “substantially out of character” for the neighborhood, whether the fences and berms around the plant will obstruct the view of the old Maddox Foundry from the roadway, and whether all climate conditions had been considered such as wind.

Several citizens spoke during public comment, with approximately three in favor of approving the permit, four in favor of waiting for more information, and nine in favor of denying the application.

Board discussion

Close to 12:30 a.m., after a lengthy period of back-and-forth discussion between Flagg, Thomas, Boyes, Gmuer, and Commissioners, Boyes asked the Commission to approve the permit.

Attorney Adams said they could approve the permit with or without the recommended changes, make other changes, or deny the permit. Adams suggested they indicate their reasoning behind whatever decision they made.

Motion

White cited all the surrounding historical buildings and dust pollution as reasons not to approve the permit, and she made a motion to deny the permit. Hope seconded her motion, and he mentioned excess noise as also being out of character for the neighborhood.

Vice Mayor Kathy Penny said she didn’t know which way to vote, since some people supported the plant and others didn’t. Mayor Bailey said she disagreed with the motion to deny the permit, based on the evidence presented.

More public comment

During additional public comment, one man said the five conditions had not been met and the permit should not be approved. 

Permit applicant Ronnie Arnold spoke and said the permit should be approved because they had met all five conditions. Arnold said, “This is a good project. I’ve gone out of my way to do a beautiful, wonderful plant… This is the right project for the City of Archer.” Arnold became emotional and said it was unfair that Alachua County had offered to help fight any lawsuits he might bring against the City for denying the permit.

A woman said, “I think you need to vote ‘No.’ It doesn’t meet all the requirements, and what I heard just now was him threatening the Commission and the City. That’s a problem to me. If he’s going to do that now, what’s going to happen when this is built and he’s got to comply with all the requirements?”

Applicant withdraws the permit

Boyes returned to the podium and said, “I’ve conferred with my client at length, and I’ve notified the City Attorney we are hereby withdrawing this application this evening. We will return with an amended application or new application to place this concrete batch plant inside a building… Please consider this application withdrawn.” The meeting ended at nearly 1 a.m.