Agenda


AGENDA ESCAMBIA COUNTY BOARD OF ADJUSTMENT December 18, 2013–8:30 a.m. Escambia County Central Office Complex 3363 West Park Place, Room 104

Call to Order.

Swearing in of Paul White, Jr. to the Board of Adjustment.

Election of a new Chairman to the Board of Adjustment.

Swearing in of Staff and acceptance of Staff as expert witnesses.

Acceptance of the BOA Meeting Package with the Development Services Staff Findings-of-Fact, into evidence.

Proof of Publication and waive the reading of the legal advertisement.

Approval of November 20, 2013 Resume Minutes.

Consideration of the following cases:

Case No.: AP-2013-01

Address: 2605 Wilde Lake Blvd.
Requested Appeal: Appeal of the approval of Development Order PSP130600062
Requested By: Dr. Neil C. Davis

Discussion Items.

10.

Old/New Business.

11.

Announcement.

The next Board of Adjustment Meeting is scheduled for Wednesday, January 15, 2014 at 8:30 a.m., at the Escambia County Central Office Complex, Room104, 3363 West Park Place.

12.

Adjournment.


Board of Adjustment		8. A.
Meeting Date:	12/18/2013

I. SUBMISSION DATA:

APPLICANT: Dr. Neil C. Davis
DATE OF ADMINISTRATIVE DECISION: November 13, 2013
DATE OF APPEAL APPLICATION: November 26, 2013
PROJECT ADDRESS: 2605 Wilde Lake Blvd.
PROPERTY REFERENCE NO.: 14-1S-31-1102-000-000, 000-001, 000-002, 004-001, 005-001, 006-001, 007-001, 14-1S-31-1103-000-000
ZONING DISTRICT: C-1, Retail Commercial District
FUTURE LAND USE: MU-U, Mixed Use-Urban

III. REQUESTED APPEAL::

An appeal of the approval of Development Order (DO) PSP130600062 for Five Flags RV Park.

III. RELEVANT APPEAL AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance 96-3 as amended), Section: 2.04.00 & 2.04.01

Sections 2.04.00, Appeal of Administrative Decisions and 2.04.01, Procedures for the Appeal of Administrative Decisions of the Escambia County Land Development Code (Ordinance No. 96-3 as amended), provide the relevant authority for the BOA’s review of administrative decisions.

A. The BOA is authorized to hear and to rule upon any appeal made by those persons aggrieved by administration of this Code. An administrative decision, or staff interpretation, shall not be reversed, altered, or modified by the BOA unless it finds that:

1. A written application for the appeal was submitted within 15 days of the administrative decision or action indicating the section of this Code under which said appeal applies together with a statement of the grounds on which the appeal is based; and

2. That the person filing said appeal has established that the decision or action of the administrative official was arbitrary and capricious; or

3. An aggrieved party who files an appeal of a decision of the DRC approving or approving with conditions a development plan application, must show, by competent substantial evidence that:

(i) The decision of the DRC is not in compliance with the Comprehensive Plan or the Land Development Code;

(ii) Their property will suffer an adverse impact as a result of the development approval decision;

(iii) The adverse impact must be to a specific interest protected or furthered by the Comprehensive Plan or the Land Development Code; and

(iv) It must be greater in degree than any adverse impact shared by the community at large.

4. In the event the owner, developer, or applicant is aggrieved or adversely affected by a denial of a development plan application or the imposition of conditions, the owner, developer or applicant filing the appeal must show, by competent substantial evidence, that the denial of the development plan or the imposition of conditions is neither required nor supported by the Comprehensive Plan or the Land Development Code or the application of technical design standards and specifications adopted by reference in the Code, or Concurrency Management Procedures and is, therefore, arbitrary and capricious.

IV. BACKGROUND INFORMATION

On November 13, 2013 Development Order PSP130600062 was approved by the Development Review Committee (DRC). The project is development of a 9.58 acre site from a vacated FEMA mobile home park to a recreational vehicle park.

During the DRC meeting, several concerned citizens spoke out in opposition to the project, citing concerns about traffic and access for RV's. At the conclusion of the meeting the citizens met with the BOA coordinator to discuss the appeal procedure.

On November 26, 2013 Dr. Davis filed the appeal.

On December 18, 2013 the Board denied the appeal and upheld the issuance of Development Order PSP130600062.

Attachments
Case File