Agenda


AGENDA ESCAMBIA COUNTY PLANNING BOARD October 8, 2012–8:35 a.m. Escambia County Central Office Complex 3363 West Park Place, Room 104


1.		Call to Order.

2.		Proof of Publication.

3.		Approval of Minutes. A. RECOMMENDATION: That the Planning Board review and approve the Meeting Resume' Minutes of the September 10, 2012 Quasi-Judical Rezoning Meeting and Planning Board Meeting. B. Planning Board Monthly Action Follow-up Report for September 2012. C. Planning Board 6-Month Outlook for October, 2012

4.		Public Hearings.

	A.	A Public Hearing Concerning the Review of an LDC Ordinance Amending Articles 2 Administration



	B.	LDC Ordinance - Article 3 & 7 - Marine Turtle Lighting and Protection Ordinance



	C.	A Public Hearing - Small Scale Amendment SSA 2012-03



5.		Action/Discussion/Info Items.

	A.	Planning Board Interpretation(PBI 2012-03) - Gasoline Distribution Business in C-2



	B.	CPA-2012-06 - Amending Future Land Use Element MU-PK; removing certain restrictions on development, height, and density. Presented by Andrew Holmer

	C.	LDC Ordinance - Article 6 Zoning Districts, CCPK Presented by Andrew Holmer

6.		Public Forum.

7.		Director's Review.

8.		County Attorney's Report.

9.		Scheduling of Future Meetings.

		The next Regular Planning Board meeting is scheduled for Monday, November 5, 2012 at 8:35 a.m., in the Escambia County Central Office Complex, Room 104, First Floor, 3363 West Park Place, Pensacola, Florida.

10.		Announcements/Communications.

11.		Adjournment.


Planning Board-Regular		3.
Meeting Date:	10/08/2012

Agenda Item:
Approval of Minutes. A. RECOMMENDATION: That the Planning Board review and approve the Meeting Resume' Minutes of the September 10, 2012 Quasi-Judical Rezoning Meeting and Planning Board Meeting. B. Planning Board Monthly Action Follow-up Report for September 2012. C. Planning Board 6-Month Outlook for October, 2012

Attachments
Quasi-Judicial Resume'
Planning Board Regular Mtg Resume'
Monthly Action Follow-up
Six Month Outlook


Planning Board-Regular		4. A.
Meeting Date:	10/08/2012
Issue:	A Public Hearing Concerning the Review of an LDC Ordinance Amending Articles 2 Administration
From:	T. Lloyd Kerr, AICP
Organization:	Development Services

RECOMMENDATION:
That the Planning Board review and recommend to the Board of County Commissioners (BCC) an LDC Ordinance amending part III of the Escambia County Code of Ordinances (1999), the Land Development Code, as amended; Amending Article 2, Section 2.02.04., and Article 2, Section 2.04.00. of the Land Development Code by divesting the Escambia County Board of Adjustment of jurisdiction over appeals of administrative decisions regarding building permits issued by the Escambia County building inspections department.
BACKGROUND:
Through its Land Development Code, the Escambia County Board of County Commissioners has established an Escambia County Board of Adjustment and has vested the Board of Adjustment with the authority to hear appeals of certain administrative decisions rendered by Escambia County staff. The Board of Adjustment presently has the authority to hear appeals of administrative decisions approving the issuance of building permits by the Escambia County Building Inspections Department. However, County staff believes that this appeals process fosters uncertainty and delay for building permit applicants and could unduly restrict construction and development. Accordingly, County staff is seeking to divest the Board of Adjustment of its jurisdiction over administrative appeals related solely to the approval of building permits. An applicant or an affected party would still retain the right to challenge any building permit approvals through court or any other available legal means.
BUDGETARY IMPACT:
No budgetary impact is anticipated by the adoption of this Ordinance.
LEGAL CONSIDERATIONS/SIGN-OFF:
The attached Ordinance has been reviewed and approved for legal sufficiency by Ryan Ross, Assistant County Attorney. Any recommended legal comments are attached herein.
PERSONNEL:
No additional personnel are required for implementation of this Ordinance.
POLICY/REQUIREMENT FOR BOARD ACTION:
The proposed Ordinance is consistent with the Board’s goal “to increase citizen involvement in, access to, and approval of, County government activities.”
IMPLEMENTATION/COORDINATION:
Implementation of this Ordinance will consist of an amendment to the LDC and distribution of a copy of the adopted Ordinance to interested citizens and staff. The proposed Ordinance was prepared in cooperation with the Development Services Department, the County Attorney’s Office and all interested citizens. The Development Services Department will ensure proper advertisement.

Attachments
Ordinance Draft


Planning Board-Regular		4. B.
Meeting Date:	10/08/2012
Issue:	LDC Ordinance - Article 3 & 7 - Marine Turtle Lighting and Protection Ordinance
From:	Keith Wilkins, REP, Department Director
Organization:	Community & Environment

RECOMMENDATION:
That the Planning Board review and recommend to the Board of County Commissioners (BCC) for adoption, an Ordinance to the Land Development Code (LDC) Article 3 "Definitions", Article 7.03.00 "Barrier Island Lighting", and Article 7.13.00 "Wetlands and Environmentally Sensitive Lands".
BACKGROUND:
Escambia County is one of the last coastal communities in Florida with nesting marine turtles to adopt formal lighting standards on it's barrier islands. On average, our beaches are home to 39 marine turtle nests per year, producing over 4,000 hatchlings per year. Existing lighting from development is sufficient to cause most hatchlings to become disoriented and move north rather than into the Gulf of Mexico as they emerge from the nest. Currently, dedicated volunteers "nest sit" identified nests in an effort to mitigate the impacts of lighting. This ordinance will help reduce excess lighting from impacting marine turtles and other wildlife while maintaining human safety.
BUDGETARY IMPACT:
This ordinance would require retrofit of existing lighting along Via De Luna and at the Casino Parking Lot. County staff is working to obtain grants to fund the retrofit.
LEGAL CONSIDERATIONS/SIGN-OFF:
The attached Ordinance has been reviewed and approved for legal sufficiency by Stephen West, Assistant County Attorney. Any recommended legal comments are attached herein.
PERSONNEL:
No additional personnel are required for implementation of this Ordinance.
POLICY/REQUIREMENT FOR BOARD ACTION:
The proposed Ordinance is consistent with the Board’s goal “to increase citizen involvement in, access to, and approval of, County government activities.”
IMPLEMENTATION/COORDINATION:
Implementation of this Ordinance will consist of an amendment to the LDC and distribution of a copy of the adopted Ordinance to interested citizens and staff. The proposed Ordinance was prepared in cooperation with the Development Services Department, the Community and Environment Department, the County Attorney’s Office and all interested citizens. The Development Services Department will ensure proper advertisement.

Attachments
Ordinance Draft


Planning Board-Regular		4. C.
Meeting Date:	10/08/2012
Issue:	A Public Hearing - Small Scale Amendment SSA 2012-03
From:	T. Lloyd Kerr, AICP
Organization:	Development Services

RECOMMENDATION:
That the Planning Board review and recommend adoption to the Board of County Commissioners (BCC) a Small Scale Amendent - SSA 2012-03; amending Part II of the Escambia County Code of Ordinances (1999), the Escambia County Comprehensive Plan, as amended; amending the future land use map designation.
BACKGROUND:
Wiley C. "Buddy" Page, Agent for Michael Oneill. requested an amendment to change the Future Land Use category for a parcel totaling 9.93 (+/-) acres from Mixed Use Suburban to Industrial. The attached implementing ordinance proposes amending Chapter 7 of the Comprehensive Plan, "Future Land Use Element", to amend the Year 2030 Future Land Use Map. The proposed amendment consists of 9.93 (+/-) acres which is under the 10 acres or less requirement for a small scale amendment as stated in 163.3187(a). This amendment is the third small scale amendment for this calendar year, therefore it will not exceed the maximum of 120 acres in a calendar year as stated in F.S 163.3187(b)
BUDGETARY IMPACT:
No budgetary impact is anticipated by the adoption of this Ordinance.
LEGAL CONSIDERATIONS/SIGN-OFF:
The attached Ordinance has been reviewed and approved for legal sufficiency by Stephen West, Assistant County Attorney. Any recommended legal comments are attached herein.
PERSONNEL:
No additional personnel are required for implementation of this Ordinance.
POLICY/REQUIREMENT FOR BOARD ACTION:
Comprehensive Plan Section 4.07 requires a public hearing review by the local planning agency (Planning Board) of any proposed amendment to the plan prior to adoption by the Board of County Commissioners in a subsequent public hearing.
IMPLEMENTATION/COORDINATION:
Upon recommendation by the Planning Board, the Board of County Commissioners will hold a public hearing to review and adopt the amendment package. Upon adoption the Future Land Use Map will be modified to reflect the amendment. The proposed Ordinance was prepared in cooperation with the Development Services Department, the County Attorney’s Office and all interested citizens. The Development Services Department will ensure proper advertisement.

Attachments
Exhibit A
Draft Ordinance
Staff Analysis
Application Packet