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  Growth Management Report     13. 4.    
BCC Regular Meeting
Meeting Date: 12/05/2019  
Issue:    Review of a Rezoning Case Heard by the Planning Board on September 3, 2019
From: HORACE JONES
Department: Development Services  

RECOMMENDATION:
Recommendation Concerning the Review of the Rezoning Case Heard by the Planning Board on September 3, 2019

That the Board take the following action concerning the rezoning case heard by the Planning Board on September 3, 2019:
  1. Review and either adopt, modify, or reject the Planning Board’s recommendation for Rezoning Case Z-2019-15 or remand the case back to the Planning Board; and
     
  2. Authorize the Chairman to sign the Orders of the Escambia County Board of County Commissioners for the rezoning case that were reviewed.
1. Case No.: Z-2019-15
  Address: 11999 Pate Road
  Property Reference No.: 25-1N-30-1003-000-000, 25-1N-30-1006-000-000, 25-1N-30-1006-000-001
  Property Size: 36.1 (+/-) acres
  From: HC/LI, Heavy Commercial and Light Industrial district (25 du/acre)
  To: Ind, Industrial district (du density limited to vested residential development)
  FLU Category: I, Industrial
  Commissioner District: 5
  Requested by: Allara Mills-Gutcher, Agent, Gulf Power Company, Owner
  Planning Board Recommendation: Approval
  Speakers: Allara Mill-Gutcher, William Flippin, Ryan Cowart, Robert Jernigan, George Jones, Larry Downs, Jr., Melissa Pino, Margaret Hostetter, Kevin Wade
BACKGROUND:
The above case were owner initiated and heard at the September 3, 2019, Planning Board meeting. Under the Land Development Code (LDC) Chapter 2, Article 7, “the Board of County Commissioners, at its scheduled hearing shall adopt, modify, or reject the recommendation of the Planning Board or SRIA or return the rezoning case to the board with instructions for additional facts or clarification.  The staff of the recommending board shall inform the board of all formal actions taken by the BCC on the rezoning request.

To further the County’s policy of “decreasing response time from notification of citizen needs to ultimate resolution,” the Board is acting on both the approval of the Planning Board recommended order and the LDC Map Amendment for this month’s rezoning cases. This report item addresses only the review and upholding of the Planning Board’s recommendation. The next report item will address the Public Hearing for the LDC Zoning Map Amendment.
BUDGETARY IMPACT:
This action may increase the ad valorem tax base for Escambia County.
LEGAL CONSIDERATIONS/SIGN-OFF:
The recommended order is the result of deliberations by the Planning Board based the applicants presentation of competent substantial evidence for each of the approval conditions, on staff analysis, public testimony, and knowledge of the Comprehensive Plan and Land Development Code as well as case law and Florida Statutes.
PERSONNEL:
N/A
POLICY/REQUIREMENT FOR BOARD ACTION:

The Chairman will need to sign the Orders of the Escambia County Board of County Commissioners either denying or approving the rezoning request.

IMPLEMENTATION/COORDINATION:
The cases under review are presented to the Planning Board for collection of evidence. The Planning Board conducts a quasi-judicial public hearing and issues a recommended order to the Board of County Commissioners.

Attachments
Z-2019-15

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