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County Attorney's Report 10. 3.

BCC Regular Meeting

Action

Meeting Date:	05/16/2019
Issue: Engagement of Steven K. Hall as Special Master for Relief by Terramore Development, et. al. from a decision of the Escambia Co. Board of Adjustment
From:	MEREDITH CRAWFORD
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Engagement of Steven K. Hall as Special Master for Relief by Terramore Development, et. al. from a decision of the Escambia Co. Board of Adjustment.

That the Board take the following action:

A. Approve a proposed settlement with Defendants; and

B. Authorize the Chairman to execute the proposed settlement agreement, if approved by the Board.

[THE PROPOSED SETTLEMENT AGREEMENT TO BE PROVIDED UNDER SEPARATE COVER].

BACKGROUND:

Shu Cheng Shurett, Leo Huang own property with Parcel ID No. 23-3S-31-2001-0000-000 in Escambia County, Florida. Teramore purchased the property. She Cheng Shurett and Leo Huang qualified as an "owner" for purposes of the Florida Land Use and Environmental Dispute Resolution Act.

Teramore would like to construct a retail store located along Gulf Beach Highway on the Property, which is designated as MU-S (Mixed-Use Suburban) on the County's Future Land Use Map and zoned C (Commercial) pursuant to the County's LDC.

On July 24, 2017, it was concluded that Teramore's proposed retail store was not permissible and did not meet certain locational criteria in the County's LDC. On August 7 and August 8, 2017, Shu Cheng Shurett, Leo Huang and Teramore filed administrative appeals of the July 24th decision. On October 18, 2017, the Escambia County Board of Adjustment (BOA) denied the administrative appeal. On November 16, 2017 Shu Cheng Shurett, Leo Huang and Teramore sought relief of the BOA's denial. On August 3, 2018, Judge Scott Duncan ruled in favor of the Petitioners.

On February 20, 2019 the Board of Adjustment conducted another quasi-judicial hearing on the administrative appeals. The BOA allowed County staff to present new evidence and voted to deny the administrative appeals.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

N/A

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
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