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County Attorney's Report 14. 2.

BCC Regular Meeting

Information

Meeting Date:	05/17/2018
Issue: Jacqueline Rogers v. Escambia County - DOAH Case No.: 17-5530GM
From:	Meredith Crawford
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Jacqueline Rogers v. Escambia County Board of County Commissioners; DOAH Case No.: 17-5530GM

That the Board accept for information the attached Proposed Recommended Order of Administrative Law Judge D. R. Alexander, State of Florida, Division of Administrative Hearings, in the matter of Jacqueline Rogers v. Escambia County Board of County Commissioners, DOAH Case No.: 17-5530GM, in which Judge Alexander found in favor of Escambia County and held that Escambia County Ordinance No. 2017-53 is in compliance with Chapter 163, Florida Statutes and with the Escambia County Comprehensive Plan.

BACKGROUND:

On September 17, 2017, the Board of County Commissioners voted to adopt Ordinance 2017-53, which amended the County's Comprehensive Plan by allowing a parcel to withdraw from the County Midwest Optional Sector Plan, removing the Sector Plan overlay on the parcel, and amending the Future Land Use Map by assigning the property a Mixed-Used Suburban (MU-S) land use designation.

A Petition challenging the Ordinance was timely filed with the Division of Administrative Hearings (DOAH). The final hearing was held on February 19, 2018. On May 10, 2018, the Proposed Recommended Order of Administrative Law Judge D. R. Alexander was entered, finding in favor of the County and determining that Ordinance 2017-53 is in compliance with Chapter 163, Florida Statutes, and with the Escambia County Comprehensive Plan.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

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