(PENSACOLA) --- An attempt to postpone the Gateway Redevelopment District's final aesthetic review and adoption hearing was unsuccessful.
The special July 7 Pensacola Planning Board hearing follows a contentious April meeting over the “utilitarian” aesthetic for the 7-story multifamily development on 9th Avenue, titled the Helm at Hawkshaw. The project, which includes a five-story main residential structure above two parking levels with up to 228 residential apartment units, is an issue for Dr. Paul Tamburro, who charges that the City of Pensacola is not complying with the stormwater impervious coverage code for the project. He hired Attorney Meredith Bush to charge the same.
Chair Paul Ritz acknowledged the large audience at the quasi-judicial hearing, which included testimony, cross-examination, and closing arguments, similar to a trial. Attorney Will Dunaway, who represents the applicant, immediately noted the early-morning motions to intervene and delay proceedings, to which he responded with a motion to continue.
(Photo: Attorney Will Dunaway, right, defending the Helm at Hawkshaw residential development at a special Pensacola Planning Board hearing July 7)
“The applicant is ready to proceed, but we just wanted to make sure we addressed these,” Dunaway said. “This project is not a stranger to you.”
Dunaway called his first witness, one of five project owners, Zach Gibbs, who presented design evidence dating back to 2018 that was presented before the Community Redevelopment Agency.
Gibbs said, “After we were approved in May of last year,” shareholders and officials had a design kickoff, and since then, “We have tried to reach out to the community to hear what was important."
(Photo: Zack Gibbs, one of five project owners of the Helm at Hawkshaw to be built on 9th Avenue)
“We have been very mindful of aesthetics, and we have been very mindful of the pedestrian experience,” Gibbs said.
But that is not the case for Tamburro, who raised his concerns about the project in April. Calling himself a proud citizen of 30 years who has “given his heart and soul to Pensacola,” Tamburro answered both Dunaway and Bush for almost an hour regarding the development and his stormwater concerns based on lot coverage and pervious pavers.
Noting he was a cardiologist, Tamburro explained the importance of rules in his job and elsewhere “that are also critical for smart development.” While not opposed to growth, Tamburro said: “This hearing is about much more than just this development.”
“It’s about whether or not the city of Pensacola applies its laws equally and protects the long-term interests of its citizens,” Tamburro said.
(Photo: Dr. Paul Tamburro testifying at a l development at a special Pensacola Planning Board hearing July 7)
Flooding was the first concern he raised, noting that while some drainage near the site has occurred, right now “there is a sign on 9th Avenue warning of the risk of flooding.”
“This makes compliance with our land development code even more important,” Tamburro said, adding, "The ordinance limiting lot coverage is not a suggestion; it exists.”
Tamburro continued, noting his recent three-month research on pervious pavers and that they are not sufficient for the Helm at Hawkshaw development, citing various reasons ranging from maintenance to surface water table levels.
“So I'm very skeptical that those pavers will be in any way permeable on that property,” Tamburro said.
His attorney, Bush, continued to elicit questions, leading Tamburro to tell the public that, during his research, many were not willing to help, at least on the record, regarding a civil engineer who confirmed his concerns about the less-than-70-percent lot-coverage requirement in the stormwater code.
“He did not wish to be involved any further,” Tamburro said.
Bush did get Civil Engineer Emmanuel Masindoki to take the stand, confirming that the development does not meet code requirements. The three-hour-long hearing continued with further testimony regarding overhangs and lot coverage percentages, leaving the final decision to approve the project to the board members.
Closing arguments included Bush noting to all board members that the quasi-judicial board is charged with “applying the black letter of the law to the code.”
(Photo: Attorney Meredith Bush and client Dr. Paul Tamburro, who is challenging the City of Pensacola for not keeping stormwater lot coverage requirements for new development)
“We understand CRA (Community Redevelopment Agency) wants this developed, and the city wants this developed,” Bush said. “We are simply asking the applicant to be required to meet, like any other applicant, the requirements of the code.”
Bush’s testimony and the three hours were to no avail, as all board members approved moving the project forward with the revised drawings resubmitted by the group representing the Helm at Hawkshaw, showing that code requirements were met. Chair Ritz deferred to Pensacola Assistant Planning & Zoning Division Manager Greg Harding to confirm that the board was tasked only with an aesthetic review, not with Tamburro’s proposed pervious paver violations of code.
Board member Bianca Villegas moved to approve the aesthetic review, excluding the stormwater concerns raised. Ritz carried the motion with a 3-2 vote to approve the project.
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