The parcel for the proposed use is less than 40 acres in size. The current setback is approximately 100 feet from the property boundaries. Without the variance, the acreage and setback limitations will preclude use of the site as a Construction and Demolition Debris facility.
At the February 19, 2015, Board of County Commissioners (BCC) Regular Meeting, the BCC unanimously approved adopting (by Ordinance Number 2015-5) the amendments to the Borrow Pit Ordinance, as amended to grandfather existing, permitted borrow pits, "based on the three additional items: (submitting an annual affidavit of activity, agreeing to inspections by the County and a termination provision of five years). Furthermore, the BCC stated that approval of the borrow pit "does not guarantee a reclamation permit for the future."
Article VIII.- Borrow Pits and Reclamation, Section 42-324 requires
"...All property subject to this article must be brought into compliance by meeting the standards required by this article, to include applicable grandfathering, and by obtaining a permit from the County at a public hearing to be set before the Board of County Commissioners no later than one hundred twenty (120) days after the enactment of this ordinance."
On August 13, 2015, Board of County Commissioners (BCC) Regular Meeting, the BCC unanimously approved adopting (by Ordinance Number 2015-31) the amendments to the Chapter 82, Article V, Landfills and Other Disposal Facilities, Division 3; Section 82-225 Through 82-240; Amending Definitions, Regulations and Permitting Requirements for Construction and Demolition Debris (C& DD) Facilities, Land Clearing Debris (LC) and Other Disposal Facilities; Establishing Additional Regulations to Address Adverse Off-Site Impacts of Such Facilities. Amending Local Permit Requirements; Addressing Previously Permitted Facilities; Establishing Regulations for Abandoned and Closed Facilities; Amending Insurance Requirements: Clarifying Enforcement Options.
On April 12, 2017, the Development Services Department of Escambia County held a pre-application meeting with representatives from Shortleaf, LLC to discuss the proposed reclamation of an existing borrow pit through construction and demolition debris (C&DD) located at 6841 Kemp Road. The project name is “Shortleaf C&DD Facility”. The comments presented during the pre-application meeting were only preliminary.
The subject property consists of two parcels:
1) Property Reference No. #41-1S-30-1000-000-000 with an approximate acreage of 29.63 acres, located at 2022 Longleaf Drive and
2) Property Reference No. #24-1s-30-1600-000-001 with an approximate acreage of 9.38 acres, located 6841 Kemp Road (Staff’s Map Exhibit A.1).
The current zoning for the subject property is Heavy Commercial Light Industrial (HC/LI) with a split future land use designation of Mixed Use-Urban (29.63 acres) and Industrial (9.38 acres). Each parcel as indicated on (Staff’s Map Exhibit B) received County approval and authorization at different periods of time. A detailed historical overview (Staff’s Exhibit A) of the local authorizations and approvals from Escambia County for the subject parcels is attached for reference information.
Per Chapter 82, Article V, Division 3, Section 82-236 of the Escambia County of Ordinances, variances to the requirements of the regulations governing Construction and Demolition Debris Facilities may be granted for any facility by the Board of County Commissioners at a noticed public hearing, if the Board, based upon competent and substantial evidence, determines that granting such variance(s) will not result in the maintenance or creation of a nuisance condition or give rise to the creation of a condition incompatible with existing or allowable adjacent uses.
On July 28, 2017, Shortleaf, LLC filed the application for the two variance requirements.
It is the position of the County Development Services and Natural Resources Departments that the variances should not be granted based on incompatibility and creation and maintenance of a nuisance.
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