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County Attorney's Report 10. 1.

BCC Regular Meeting

Information

Meeting Date:	08/16/2018
Issue: Jacqueline Rogers v. Escambia County Board of County Commissioners, 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 Final Order No. DEO-18-041 rendered on August 18, 2018 by Director Julie A. Dennis, State of Florida, Division of Community Development, Department of Economic Opportunity (DEO), in the matter of Jacqueline Rogers v. Escambia County Board of County Commissioners, Case No.: 17-5530GM in which the Department of Economic Opportunity adopted the Recommended Order of the Administrative Law Judge which found in favor of Escambia County and held that the Plan Amendment adopted by Escambia County Ordinance 2017-53 allowing a parcel to opt-out of the Sector Plan is in compliance as defined in Section 163.3184(1)(b), Florida Statutes.

With two minor exceptions, the Recommended Order was adopted in toto. The exceptions were to note:
1) As opposed to all former GBD parcels converting to HC/LI, there were a few parcels previously zoned GBD which did not convert to HC/LI; and

2) As opposed a mandatory requirement that the County grant an opt-out if an applicant meets our criteria, the County is not obligated to grant an opt-out simply because an applicant meets our criteria.

BACKGROUND:

In June 2016, a property owner filed an application with the County requesting that his parcel be removed from the Mid-West Sector Plan. On September 7, 2017, the County voted to amend the Plan by (a) allowing the parcel to withdraw from the Sector Plan, (b) removing the Sector Plan overlay from the parcel, and (c) amending the Future Land Use Map by assigning the property a MU-S land use designation. On November 8, 2017, a Notice of Intent to find the amendment in compliance was issued by DEO. Ms. Jacqueline Rogers appealed the Ordinance within 30 days of its adoption to the State of Florida Division of Administrative Hearings.

On February 19, 2018, a hearing on the matter was held before the State Division of Administrative Hearings. On May 10, 2018, the Administrative Law Judge (ALJ) issued a Recommended Order finding in favor of the County. On August 8, 2018, as noted above, the Recommended Order was adopted by DEO upholding the County's action as in compliance with Florida Statutes.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Meredith D. Crawford, Assistant County Attorney

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
Final Order - DOAH Case No.: 17-5530GM