Agenda

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5. A.

Board of Adjustment-Administrative Appeal

Meeting Date:

08/03/2017

I. SUBMISSION DATA:

APPLICANT: Bradley S. Odom, Esq., Agent for Emerald Coast Utilities Authority
DATE OF ADMINISTRATIVE DECISION: June 7, 2017
DATE OF APPEAL APPLICATION: June 23, 2017
PROJECT ADDRESS: 2791 E. Johnson Ave.
PROPERTY REFERENCE NO.: 17-1S-30-1209-000-000
ZONING DISTRICT: C, Commercial
FUTURE LAND USE: MU-U, Mixed-Use Urban

III. REQUESTED APPEAL::

The Applicant is requesting an appeal of the Development Review Committee's (DRC) approval of project #PSP170400056, Ellyson Oaks.

III. RELEVANT APPEAL AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 2.04.00 & 2.04.01

Sections 2.04.00, Appeal of Administrative Decisions and 2.04.01, Procedures for the Appeal of Administrative Decisions of the Escambia County Land Development Code (Ordinance No. 96-3 as amended), provide the relevant authority for the BOA’s review of administrative decisions.

A. The BOA is authorized to hear and to rule upon any appeal made by those persons aggrieved by administration of this Code. An administrative decision, or staff interpretation, shall not be reversed, altered, or modified by the BOA unless it finds that:

1. A written application for the appeal was submitted within 15 days of the administrative decision or action indicating the section of this Code under which said appeal applies together with a statement of the grounds on which the appeal is based; and

2. That the person filing said appeal has established that the decision or action of the administrative official was arbitrary and capricious; or

3. An aggrieved party who files an appeal of a decision of the DRC approving or approving with conditions a development plan application, must show, by competent substantial evidence that:

(i) The decision of the DRC is not in compliance with the Comprehensive Plan or the Land Development Code;

(ii) Their property will suffer an adverse impact as a result of the development approval decision;

(iii) The adverse impact must be to a specific interest protected or furthered by the Comprehensive Plan or the Land Development Code; and

(iv) It must be greater in degree than any adverse impact shared by the community at large.

4. In the event the owner, developer, or applicant is aggrieved or adversely affected by a denial of a development plan application or the imposition of conditions, the owner, developer or applicant filing the appeal must show, by competent substantial evidence, that the denial of the development plan or the imposition of conditions is neither required nor supported by the Comprehensive Plan or the Land Development Code or the application of technical design standards and specifications adopted by reference in the Code, or Concurrency Management Procedures and is, therefore, arbitrary and capricious.

IV. BACKGROUND INFORMATION

The Ellyson Oaks site plan was submitted to the County for site plan approval on April 7, 2017, for a multi-family residential development. The plan consists of 9 buildings with 37 total units on a 3.87 acre parcel, associated driveway and parking, landscaping, and a stormwater retention pond.

This project was reviewed by the members of the committee and recommended for approval as having met the requirements of the Land Development Code (LDC).

At the June 7, 2017, DRC meeting, the Development Order was approved with specific conditions related to wellhead concerns expressed by ECUA staff.

Attachments
AP-2017-01