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  Growth Management Report     12. 1.    
BCC Regular Meeting
Meeting Date: 08/06/2020  
Issue:    Review of Rezoning Cases Heard by the Planning Board on July 6, 2020
From: HORACE JONES
Department: Development Services  

RECOMMENDATION:
Recommendation Concerning the Review of the Rezoning Cases Heard by the Planning Board on July 6, 2020

That the Board take the following action concerning the rezoning cases heard by the Planning Board on July 6, 2020:
  1. Review and either adopt, modify, or overturn the Planning Board’s recommendations for Rezoning Cases Z-2020-05, and Z-2020-06 or remand the cases 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 cases that were reviewed.
1. Case No.: Z-2020-05
  Address: 8838 Fowler Avenue
  Property Reference No.: 10-1S-30-1101-081-001
  Property Size: 2.4 (+/-) acres
  From: HDMU, High Density Mixed Use district (25 du/acre)
  To: HC/LI-NA, Heavy Commercial Light Industrial district, prohibiting the subsequent establishment of any microbreweries, microdistilleries, microbreweries, bars, nightclubs, or adult entertainment uses (25 du/acre)
  FLU Category: MU-U, Mixed-Use Urban
  Commissioner District: 3
  Requested by: William Joseph, Agent for Patrick Neville, Owner
  Planning Board Recommendation: Deny
  Speakers: William Joseph, Patrick Neville, Ronald Fowler, Margaret Conner
     
2. Case No.: Z-2020-06
  Address: Halcyon Circle
  Property Reference: 26-2S-31-1000-004-001
  Property Size: 9.99 (+/-) acres
  From: MDR, Medium Density Residential district (10 du/acre)
  To: Com, Commercial district (25 du/acre)
  FLU Category: MU-S, Mixed-Use Suburban
  Commissioner District: 1
  Requested by: Tom Hammond, Agent for Anthony Baroco, Owner
  Planning Board Recommendation: Deny
  Speakers: Tom Hammond, Anthony Baraco, Sherrie Baraco, Patsy Kee, Ramona Taylor, Ernestine Geci, Wade Geci, Michelle Warren, Douglas Cecil, Sandy Griner, Robert Jernigan, Brenda Presley, Mark Edwards, Frank Koskie, Jordan Walls, Harry Huelsbeck, Tammy Koskie, Thomas Warren, Brian Barr, Barbara Albrecht, Nancy Barr, Charles Hamilton, Mary Strawbridge, Thomas Hatch, Jennifer Rathbun, EG Presley, Edward Lance Presley, Shane Wood, Richard Hawkins, Paul Hawkins, Ellen Rostin, Thomas Haines, Emily Smith, Angela Windham, Katelyn Mines, Thomas Hix, Alexis Mines, Elliot Bawden, Veronica Bawden, Kimberly Birthright, Lupe Birthright, Robert Johnson, Jennifer Johnson, Rex Jenson, Raymond Bowne, Patricia Cornish, Steve Cornish, Mark Frances, Phillip Kittell, Lisa Kirkman, Namrata Advani, Tammy Dyess, Michael Dyess, Rosemary "Jana" Graves, Karrie Galvano, Christine Schuster, Janet Struck
BACKGROUND:
The above cases were owner initiated and heard at the July 6, 2020, 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 requests.

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-2020-05
Z-2020-06

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