So am I. That's a good answer, isn't it? Yes. So, so, so, so I I think we can I think we can work through it. We miss out. I sure like your coat, but it's way too big for me. Yes, sir.
That's a good question. Nice to meet you. Nice to meet you. This one better work. [Laughter] recycling. I think he can, but he's not he's not a he's a go-getter. He's not He's not a slowm moving man, you know.
He's not a country man at all. Okay. Yep. We're ready. We need to get the clock back up there, y'all. I'm tired of looking up there with no clock. Good morning, everyone. This meeting of the Escambia County Board of Adjustment, August 20, 2025 is hereby called to order. With four members present,
we have a quorum. Will the clerk please swear in members of staff? Please raise your right hand. Do you solemnly swear and affirm that the testimony you're about to give will be the truth, the whole truth, and nothing but the truth of be God? I do. Members of the board, copies of staff's resumes have previously been provided and remain on file for reference. The board has previously recognized staff as expert witnesses. Does anyone have any questions regarding their qualifications
and abilities to offer expert testimony? Seeing none, the BOA meeting package for August 20, 2025 with the development services staff findings of fact has previously been provided to board members. The chair will now entertain a motion to accept the BOA meeting package for into evidence. Motion. Second. We have a motion and we have a second.
All those in favor of the motion, please raise your right hand. And we have four in favor and no one against. So, the motion passes. Do we have proof of publication? Yes, sir. Did the publication meet all the legal requirements? Yes, sir. The chair will now entertain a motion to wave the reading of the legal advertisement. Do we
have a motion? Second. We have a motion and second. All those in favor raise their right hand. And we have four in favor, none opposed. Members of the board, have you reviewed the minutes for the board of adjustment meeting held on July 16, 2025? Upon your review of the minutes, are there any additions, deletions, or corrections? Seeing none, the chair will now entertain a motion regarding the minutes for the
board adjustment board of adjustment meeting held on July 16, 2025. Do we have a motion? Motion. We have a motion and a second. All those in favor raise the right hand. We have four in favor. Motion passes. Willie, would you please read the purpose of the board of adjustment and conduct of the meeting? Purpose of the board of adjustment. I'm sorry. Let me turn my mic on. Purpose of the board of adjustment and conduct of meeting. The board of adjustment BO8 hears administrative
appeals variances and conditional use request. These hearings are quasi judicial in nature. Quasi judicial hearings are like evidentary hearings in the court of law, however less formal. All public testimony will be taken under oath and anyone testifying before the BOA may be subject to cross-examination. All documents and exhibits that the BOA considers are entered into evidence and made part of the record. The given of opinion testimony will be limited to experts and closing
arguments will be limited to the evidence in the record. After hearing the testimony and arguments for and against the proposed action and before making its decision, the BOA will consider the relevant testimony, the exhibits entered into evidence in the applicable law. Because decisions of the BOA relating to the variances, conditional uses, and extensions of development order for site plan approval are final unless overturned by a court of competent juris jurisdiction. The county
may issue development orders and permits for properties in ordinance with the decision of the BOA. However, if applicant request the issuance of any such order or permit and such order or permit is issued, the applicant and not the county shall bear any risk that such decision may be set aside. The development order or permit may be revoked or the development may be otherwise enjoined by the reviewing court. Any applicant for relief from a decision of the BOA for said actions or any
agreved party as defined by state law may seek review of such decision by filing an appropriate pleading in the court of competent jurisdiction within 30 days of the BOA decision. The date of the BOA decision shall be the date the BOA voted at the conclusion of the hearing. Whenever the BOA denies an application, no new application for an identical action on the same parcel shall be accepted for the consideration within a period of 180 days of the BOA decision. Any person agreed by
a decision of the BOA relating to an appeal of the administrative decision may within 15 days thereafter apply to the circuit court for review. Each individual who wishes to address the board regarding a particular issue must complete a blue request to speak form and submit it to the clerk of board. These forms are located on the table at the back of the commission chambers. You will not be allowed to speak until we receive one of these completed request to speak forms. We must have these completed forms for the public record. All written or oral communication outside of this
hearing with members of the BOA regarding matters under review today are considered exparte communications. Exparte communications are presumed prejuditial under Florida law and must be disclosed as provided in board of county commission resolution 96-13 before a decision by this board on any administrative appeal, variant or conditional use request. The chair would ask as each case is heard that any board member who has been involved in any exparte communication
regarding the respective issue to please identify themselves and describe the communication. Mr. Chairman, we have a we have two cases today. Um, one the the first case has the m majority of all the speakers. Uh, it may take a little while. Uh, so we're requesting that you go ahead and flop flip that order. Um, because the second case should be relatively quick. Okay. Board. Um,
you understand what the request is? Yes. Um, do you have any questions or um, no, I I feel we should just do just that. I agree. All right, let's let's do a motion. Okay, motion. Second. We have a motion and a second. All those in favor raise their right hand. The motion passes 40. Case number CU. I'm sorry.
So, we're going to do 09 first. Case number CU 2025 09 180 5 Sandra Drive. A conditional use request to allow an accessory dwelling on a lot less than one acre. Requested by Janai Abigail Newkerk and Kate Elizabeth Newkerk owners. Board of Education. Is there any exparte communications regarding this case? None. Seeing none, does any board member have
knowledge or information obtained from a site visit or other sources? Seeing none, is any board member intending to refrain from voting due to a conflict of interest? No. Seeing none, would the individuals who are party to this case please come to the podium and state your name and address for the record so you can be sworn in by the clerk.
I'm Kate Newkerk at 1805 Sandra Drive, Pensacola 32506. Please raise your right hand. Do you solemnly swear and affirm that the testimony you're about to give will be the truth, the whole truth, and nothing but the truth beyond? I do. Thank you. Were you provided with a copy of the criteria required to obtain a conditional use and a copy of the findings of facts? I was. You understand that all criteria must be approved must be met in order for us to con consider a conditional use? I do. Yes, sir. Great. Um at this time,
uh you may um make your presentation or you can defer to staff and and um you can speak after. I will let them um tell my case. Thank you. All right. This is the conditional use case 20259. This is a location map of the property. This is a 500 radius zoning map. Here is a future land use map. And this is the map showing the new flood zones that were recently approved. And this
is an aerial map of the home. This is the sign that was posted on the property. This is looking onto the subject property. This is looking at the backyard where the building will be. This is looking west along Sandra Drive. This is looking east along Sandra Drive. And this is looking across the street. And this concludes photography. And just to give a summary of how we got here, she first came in a while, not too long ago, and she wanted to do
this accessory dwelling, but we had told her that because she would have to do a conditional use, she'd probably be better off doing an addition. So, she went off, got plans for an addition, which was connected to the current home. when she came in, the new flood zones had changed and she ran into a hurdle there because the new she her home was now in a flood zone and it would cost a lot to bring it up to flood zone. So now she's applying for the conditional use for the accessory dwelling
which will be out of the flood zone. Um so the application is seeking a conditional use approval for the construction of an accessory dwelling on a 0.57 acre lot. Accessory dwellings on lots less than one acre require conditional use approval. For criteria A, based upon the documentation provided by the applicant, the proposed 1,156 square ft dwelling could be conducted and operated in a manner that is compatible with adjacent properties and other properties in
the immediate area. The proposed dwelling will be located within the rear yard of the property behind the main dwelling. According to the site plan, the accessory dwelling will be about 20 ft from the side property line and 30 ft from the rear property line. Criteria B. The proposed accessory dwelling will need approval through FT for septic and will utilize all existing utility providers ECUA Florida Power and Light. Criteria C. Based upon the submitted site plan, ingrass and
egress will be accessible from the west side of the main dwelling with existing accommodation with existing accommodation driveways. All requirements must be met during the land use approval process. For criteria D, based upon the applicant, there will be no nuisances or hazards associated with the proposed used. All requirements must be met for new construction per the LDC. In general, the proposed use cannot generate any nuisances and hazards that would harm adjoining properties.
Provisions of the land development code do not allow the making of any noise or sound which exceeds the limits set forth in the LDC or the county noise ordinance. In addition, air pollutants, glare, vibrations, and other nuisance hazards are addressed by the LDC and must be met. For criteria E, on-site solid waste containers will be available and located outside the carport on the driveway side. For criteria F, screening and buffering are provided by trees in a dense
foliage that grow along the back and side property lines. A 6 foot wide privacy fence is installed on the front and the e east side of the property. Screening and or buffering will be pro provided if required during the construction process per the LDC. For criteria G, there will be this will be for residential uses. No signs are allowed and any lighting will not negatively affect neighbors or traffic safety. For criteria H, the size, shape, location, and topography of the site appears
adequate to accommodate the provision the proposed dwelling use. Site requirements such as setbacks, height, distance, and all other psychiatrist will be confirmed during the land use review process. For criteria I, there are no additional conditional use requirements. The applicant has submitted documentation that addresses all conditional use criteria. Staff recommends approval of the conditional use as requested. And if I may, u I would like to add um because of the constraints of the lot, because of the the hardships that she has with the flood zone,
basically this could only be if it's approved by the board, only a single family dwelling home. It would be it would be rather very very extremely difficult for this lot to be subdivided and to be sold to another individual. So because of the all the constraints in the and the the flood zone that's there and the way the house sits on the lot creating another conforming lot for splitting that's that's really almost not able to be done. So this
accessory dwelling unit if we if it's approved by the board once review will always be maintained unless through some type of attrition to a family member. That's basically the only exception. It can be subdivided because the lot is constrained. So, does the board have any questions for staff? Do you have a a plot plan showing the structure?
board. Any questions? All right. Uh the applicant um may come to the podium and uh add anything you want. Okay. Thank you. I appreciate the explanation about the um lot being contained. It is two lots originally, but there's no way to split it. Um yes, it's been a journey to find out how to add to my house. I have
um a daughter who is in the uh in an NGO overseas. She married a a gentleman, a doctor uh with this medical NGO and they serve in the Middle East. So I since they're growing a family and coming home in a year, I wanted to provide a place for them and their children. Uh the footprint of this of this building is just a little over 700 square feet with an upstairs extra bedroom
and a loft over the kitchen for homeschooling or an office for her husband. So I am looking forward to having grandchildren here. They have another family in El Salvador where he is from and um that's I have visited there three times. I've enjoyed it. But it'd be nice to have my children and grandchildren nearby when they are not on the field. So that's my journey. Uh how
to do this has been has unfolded. I've had help from good friends that are in building. Um so, uh the site as shown is the most eastward positioning of the house. It can actually move a little bit westward, but that's the high side of that lot. It is well out of the flood zone. And uh any questions, board? Any questions? All right. Chair will now entertain a motion regarding item CU 20259. And with your motion,
please state whether or not you adopt the staff's findings of fact as presented by staff. If for any reason you do not agree with staff's findings, please go through all the criteria and address each one specifically as to why you do not concur with staff's findings and provide substitute findings. Mr. Chairman, um I would like like to um entertain a motion at this time according to staff findings.
We have a motion. Do we have a second? A second. Um Okay. Are any other discussion board? Okay. We um raise your right hand if you approve of the motion. And we have a unanimous vote. The motion passes.
Okay. Case number CU 2025 08 10121 Centon Drive. a conditional use request to allow restaurants not among the permitted uses and to allow a bar a bar in the commercial zoning district requested by Coastal Interstates Holding LLC owner board. Is there any exparte communications regarding this case? Seeing none,
does anyone have knowledge or information obtained from a site visit or other source? Seeing none, does any board member intend to refrain from voting due to a conflict of interest? Seeing none, would the individuals who are party to this item please come to the podium state your name and address for the record so you can be sworn in by clerk. Uh Mr. Chairman. Yes. But before you open the case, um there are interveners and they have filed a request for
a continuence and I would think the board would should figure out where you want to go with that before you actually open and discuss the merits of the case. place, Mr. Chairman. Um I understand um someone you know that is a party that wants a continuence, right? And um but I think it's only fair for the um citizens that came out to speak. I think it's only fair that we hear from them this morning because people have jobs and children in different situations and um have took the time
to come out. So we really need to hear from them this morning, Mr. Chairman. Correct. And it's not it's not the applicant requesting a continuence. It's it's the intervenors. Um it's just a matter of preserving your record, not opening the case completely until you figure out where you want to go with this. Okay. Can can we um can we preserve a record and do all of that and hear from the people at the same time on record? I'm going to defer to your attorney on that. You can certainly allow public speakers to speak, but if you're not hearing the case, then anyone who wants to submit
testimony would need to come to a hearing during the case. If I may, Meredith Bush here on behalf of uh the individual seeking to intervene and um we have filed the motion to continue. While um there are certainly you know due process rights for the applicant and a desire for them to be heard today and I understand the wishes of the public who are here today to be heard. Uh the neighboring adjacent property owners also have due process rights and as you know
when these matters are appealed the courts look for competent substantial evidence. So time is needed to obtain traffic experts, planning experts, uh you know, experts who can come testify to the specific criteria and provide full information for you to make your decision. While we are asking for it to be delayed, you know, 60 days to allow us to prepare that. I don't know of any legal reason why you couldn't open the case today, hear from the individuals who were present, the neighbor, you know, the the people in the audience that you referred to in the applicant,
not make a determination today, give us the continuence. We come back in 60 days with our experts having fully reviewed and finalized the testimony and evidence at that time. Is there any kind of way we can um do that and whatever kind of whatever advertisement or whatever needs to be done um in that 60 days um it'll it'll be at you know we would bear the cost. We're happy to bear that cost. I mean because I I really I really feel like we we need to hear from the community this morning because these people aren't um they're not guaranteed to be able to
take off of work or whatever they have done to come out this morning. and we need to hear from them on the record some kind of way if possible. Other board members, any comments? I agree with Willy's statement. We do need to hear from the people that are here today. And if I may, if I may, um, uh, as a planning director, as as experts with the planning department, we are prepared to present our case substantially this morning. Yes, we did receive some information uh from
from from from their firm. Um but with Mr. Homer who's definitely an expert who's been doing this for many years. Um Mr. Mr. Caleb who is a planning expert AICB certified and I definitely don't want to I've been doing this for a long time as well. I believe that we could basically present the case as well in a so that you can make a profound judgment whether it is for it or it is against it. And with all due respect, while you know no um no disrespect to the credentials of planning staff,
the adjacent property owners have a right to present a full case as well um and to obtain their own experts. you know, the experts that that they um retain very well may agree with county staff. We believe that their position would not agree with county staff. And in order for you to make a full determination, you should hear all available competent substantial evidence. As you know, the notice requirements in these matters only provides a 15-day mail out um 15-day um posting on the
property, a 10-day notice in the newspaper, which is not adequate time for an adjacent property owner who has an a recognizable property interest in the activity occurring on this property that you're to consider today, a legally recognized interest. That's not enough time for them to hire, you know, to obtain a traffic engineer, to obtain a planning expert, to obtain other individuals to come out and speak to you, to testify before you, to provide the competent and substantial evidence on which to base your decision. So, while I understand and respect the time of everyone here,
I believe a solution and and I understand what Mr. Jones is saying that county staff feels prepared to go forward. Our position is county staff hasn't received all of the evidence necessary for them to make a full determination and we're not prepared. The adjacent property owners are not prepared having just a few days to get ready to come today. We don't have a traffic engineer. We don't have an expert to testify before you contrary to the applicant's position. So there's no harm
in allowing the individuals present here today to speak, allowing the applicant to go forward, allowing the county if you will, you know, if that's what you wish to go forward, but not making a determination and allowing the adjacent property owners who have status as, you know, standing recognized by law status to present evidence, to cross-examine testimony. Um, otherwise, it's a violation of their due process rights if you don't allow time to prepare. when they applied, were they aware that they should have had, you know, all their ducks in a
row before they applied? Um, as far as um, you know, witnesses and evidence and all of that stuff. Um, the intervening parties are not the applicant. Okay. Okay. Intervening. These are these are neighboring property owners. Okay. I see. Want have filed a motion to intervene in the matter. Okay. and a motion to continue the hearing. Okay, thank you. That that's that's a difference. So the applicants though every all of the notice requirements were were met by staff and so the applicant is here to present their case. Okay. But these motions were presented uh one
was presented yesterday and one was presented this morning. I would Mr. Chairman I I mean I feel like we should go ahead and um do what we came to do this morning. I mean, I feel like the applicants are ready, the people are ready, and um I feel like we need to go ahead and go through with it. Since it's not the applicants that's um requesting this, um it's just somebody that popped up a day or so ago with an idea to hold it up. And with all due respect, it's not
an idea to hold it up. It's an idea to represent to the board competent and substantial evidence stemming from their legally recognized property interest in this in this action. And you know, I believe and your your attorney can counsel you, that failing to allow an adjacent property owner withstanding as an intervenor the opportunity to present a full case would be reversible grounds on a written assert to circuit court. Uh, one of the prongs that the court will look at is whether
or not their due process rights were preserved and protected by this board. and denying the opportunity to present evidence um you know I I believe would you know it'll come back to you. I think we need to hear from we need to um we've got two people standing up. Um that's the that's the applicant. Those the applicants. Okay. That's the application though. So sit down. I don't know. I don't know if they're ready to make a decision yet, but they'll let you know. Oh, I just wanted to talk she got to if you need to up to the board. All right. Board. I I I
feel we need to hear from we heard we heard from um the attorney and um I think it's fair that we hear from them um if they have something to add. Just in this case, we uh we did go and and check into community support. Before you begin, I'm going to have you state your name and address and then I'm going to swear you both in at the same time if that's okay. Yep. State your name and address. Richard Bordon, 26201, Pertidito Beach Boulevard, Orange Beach, Alabama 36561.
Good morning, board. Lauren Bordon, 26201, Parto Beach Boulevard, number 6, Orange Beach, Alabama 36561. Please raise your right hand. Do you solemnly swear and affirm the testimony you're about to give will be the truth, the whole truth, and nothing but the truth. So, if you got I do. Thank you. You may begin. Um, we just did our best to get uh the backing of the community. We gathered a couple hundred signatures from the neighbors in their same building and their properties don't directly abut to ours to where their concerns are more than general
um as in like the uh the noise type things. We plan on adhering to the current noise ordinances and times. Um the flow of traffic and things have are no different than our average days that we normally have there. Fourth of July, Memorial Day, we bring a thousand people through our business in a day. Currently doesn't affect them. Um the three concerns they have are generalized and not something that the entire public doesn't have um to contend with at the same time.
Um, but we did go and get a lot of their neighbors to sign in support. We brought people out in support as well. Um, and uh, adequate time was given. It was posted legal like every other business. And we're hoping to um, continue today and show what we've got. You want to talk? Okay. Board. Um, Willie, do you want to make um I'd like to make make make
a motion. I'd like to make a motion to go ahead and u follow through with this um procedure this morning. Um we have everybody here that we need to have today and um I I would love to hear from him. So in that case, you're speaking to the motion to continue. So there are two motions pending. Yes, to continue. One is a motion to intervene and one is a motion to continue. Yes, a motion to continue. So, you're you are making a motion to deny the motion to continue. Yes. Well, filed by the intervenor. Yes. Yes. I'm sorry. Would you say that again? I'm I'm making a
motion to um deny the motion to continue filed by the intervenor to go ahead and um keep going this morning. Right. I know it's board discussion. All right. We have a motion. Do we have a second? I'll second. We have a second. Please raise your right hand if you're in agreement with the motion. Okay. We have a 3 to one affirming the motion passes.
All right. So now since you've entertained the motion to continue, you you you need to address the motion to intervene as well. Oh, as Oh, that's a separate motion. Okay. Um, do we have a second motion? Make a motion to um deny the motion I mean deny um the motion to intervene. Hold on. Basically to deny um the um I'm trying to get it out right. Uh basically to deny the motion to
um continue to this is separate. You can allow the parties to intervene who have requested that without granting a continuence. That would allow them and regardless they can still present evidence testimony. That's all included in the procedure that's laid out in the resolution that governs this proceeding. But whether they intervene or not is separate and apart from whether you continue the hearing.
How would I properly say it to you? What do you want to do to move forward today? Okay. You already did that and allow them to do whatever they please to do. Okay. Then it sounds like you're wanting to make a motion to grant the motion to intervene. What what you're doing is you're going to make a motion one way or the other basically acknowledging their standing. Yes. To come in their uh opposition to this case. And I and I I I would like to make that exact motion.
I know exactly what she's saying, but it's like I I don't want to say it wrong. I want, you know, basically used to I want to allow um that party to be able to do, you know, whatever whatever whatever they need to do to intervene. I want to allow them to be able to do that. But I also this morning from the last motion, I want to allow us to continue on this morning. Okay. And off. Yes. And so, yes. All right. Y'all understand where I'm coming from. If if I may,
you Yes. Please, just sort of a suggestion, not telling you what to do. Yes. Uh make a motion to um recognize the standing of interveners and then proceed. Okay. All right. I would like to make a motion to recognize the standing intervene of the interveners and to proceed. Yes. So you're you're making a motion to grant the motion to intervene? Yes. Yes. Okay. And proceed this morning. Got it. Yes. Okay. We have a motion. Do we have a second? We have a second. Yes. All in favor,
please raise your right hand. Yes. And we have a four zero acceptance of the motion. All right. Um, the case is on track. All right. Um, do you want do you want to make a a presentation or do you want to um have the staff? We'd like to have the staff present then you can talk after. Thank you. Thank you. Good morning board. Caleb McCertie AICP certified planner for Escambia
County for KCU 20258. I'd like to show you some maps here. Here's the location of the property along Sitten up against uh Big Lagoon there. 500 foot radius zoning map. The zoning of the property is commercial as well as the surrounding zoning. Future land use map is mixeduse suburban within the area. This is a flood zone map showing the flood zones on the property. obviously being a
water body there. Um, this is in an airfield influence planning district too. There's no further regulations other than notifications. This is a 1000 ft buffer. We wanted to display an aerial of the site. And here's another aerial showing the property. This is a notice of public hearing sign we placed on the property. This is looking south onto the subject property,
Southwind Marina. This is looking south again onto the subject property. Looking east onto the property. Um, again another photo looking kind of I guess west at this point. Um, again another photo. And that concludes our maps and photography for this site. Now, we're going to proceed to the findings for this case. The applicant, as a reminder,
is seeking conditional use approval to allow a restaurant not among the permanent uses and a bar in the commercial zoning district. For criterion A uh general compatibility, we found that within the context of the historical uses found on the property, the proposed conditional use as a food truck court and tiki bar can be conducted and operated in a manner that is compatible with the adjacent properties and other properties in the immediate area. The site is located along Cinton Drive, a local road and front's big lagoon. According to county records, the site has
been utilized for marinas, a retail store, and a restaurant. Um, we provide a summary of approvals um throughout our development services archives. Won't get into the details there, but they're listed in the findings. Additionally, according to county records, commercial uses have existed on the property since 1993. And further review of these records indicate the South Wind was originally built in 1980. Uh we provide exhibit F for a narrative found in departmental archives that describes the history of the property. Property appears to have been developed and
redeveloped over the years due to hurricane and tropical storm impact to Scamia County coastline. The existing single family residential town home uses along Senton Drive that abut the subject property. The land development code requires commercial uses to be buffered and screened from residential uses further contributing to the compatibility of the two uses. Additional considerations such as hours of operation and noise levels can be adjusted in a manner that maintains the compatibility at or below the historic use of the property. For criterion B,
facilities and services according to the applicant, facilities and services such as water, sewer, electric, and solid waste are available and will be provided as needed for the proposed use. The the sufficiency of these services will be reviewed at the development review stage. on-site circulation. Um, based on the submitted site plan, the develop new development will utilize the existing access point from Sentin Drive to comply with county requirements. Adjust adjustments to ingress, egress, pedestrian walkways, on-site parking, and access may be necessary. Additional
evaluation is needed by county transportation personnel to ensure maneuvering is satisfactory, as well as all on-site circulation requirements of the land development code are met. That evaluation will also occur at site to plan review process. Criterion D. As far as nuisance and hazards, we found that of the nuisance and hazards listed above in the criteria, noise is found as the only substantial nuisance that could be anticipated by the proposed use. The applicant acknowledges that any off-site noise impacts will be mitigated by operating hours, which is willing to comply
with all noise ordinances and special events will be limited in frequency. The applicant states that outdoor music noise generation such as live music will not begin until 10:00 a.m. if scheduled. Furthermore, in addition to the hours specified, staff recommends that consideration be given to closing hours for outdoor uses to ensure noise levels do not to exceed expectation of the surrounding residential community. Provisions of the land development code do not allow for making any noise or sound that exceeds the limits outlined in the LDC or the county noise ordinance.
Criterion E, solid waste. According to the applicant, solid waste services will be provided as needed for the proposed use and a dumpster is currently located on site. Per requirements of the commercial zoning district for commercial uses. Solid waste dumpsters must be placed as far as possible from any adjacent residential uses and be screened as appropriate fences, walls, or hedges. If visible from the public rightway, appropriate vegetative or structural screening will be required. Evaluation will be occur further at the site plan review process. Criterion F. If
the conditional use is approved, the applicant must meet the screening and buffering requirements of the land development code um concerning a 16 ft buffer with a six-foot opaque fence or wall along a property lines of all residential unit uses. and the provisions are provided in the findings there. The applicant states that the existing vegetation is present and will remain undisturbed. Evaluation of this requirement would occur again at the site plan review process. Criterion G,
signs and lighting. We found that all signs must meet the requirements of the land development code and require associated sign permits in accordance to zoning and building requirements. And we list those requirements concerning exterior lighting there. Additional lighting requirements will be evaluated during the development review process and must be limited to what is allowed by the provisions of the land development code. Criterion H, site characteristics. We found that the location appears adequate for the proposed use. Commercial uses have existed on the property for
extended periods and according to the applicant, the site will be designed to utilize existing infrastructure while promoting preservation of open space and the waterfront character of the property. Then finally, use requirements of criterion I. We found that there are specifics related to mobile vending units and we listed there um such as licensing and placement. Um compliance with those licenses requirements, nuisance conditions and placement requirements for mobile vending units is required and will be evaluated during the site plan review process.
Also, alcohol uses require zoning verification from Escambia County Zoning staff as specified in the code and in conjunction with the state beverage license agency. Per alcohol site inspection conducted by staff recently, we found no conflicting uses within a thousand foot um buffer as measured in that applicable section and we provided that in exhibit G. Finally, staff recommends approval of the proposed use as requested with the following conditions. completion of the development review process and receipt of development order
and all permits obtained for the individual mobile vending units per scam county mobile vending unit regulations. That completes staff's findings for this case. And if I may, if I may, um we had I had another meeting with my staff, Harris Jones, planning and zoning director, had another meeting with my staff on yesterday afternoon. Um and we and we clearly looked at again the request for outdoor entertainment in this facility. Basically as the planning director according to the land of code as written the land development code specifically says this
that if a use is not listed as a permitted or conditional use it is not allowed. Now, and the reason why I'm saying is because we don't have opportunity to make that adjustment in the facts or findings. The code clearly says that for entertainment has to be indoors. Another zoning category of heavy commercial, light industrial clearly calls out that commercial
outdoor entertainment is allowed in that zoning district. This is not heavy commercial, light industrial. This is a commercial zoning district. So outdoor entertainment according to the provision of the land of development code would not be allowed in this request, but it specifically says that yes, the facts of yes, we mentioned that, but that was a scriptal area. We may have time to go back and make that adjustments, but I want to state that for the
record that this will not allow. specifically calls out outdoor entertainment as another use that is allowed in heavy commercial like industrial is not even allowed in commercial as well. All right. Thank you. Uh does the applicant want to add anything um before we go to public?
Good morning. Southwind Marina has been part of Escambia County waterfront for years. It's more than just a marina. It's a place where neighbors, families, and visitors gather to enjoy the water and everything our community has to offer. Currently, we have 30 charter boat operations that run small businesses out of our marina, and we proudly host their businesses. What we're proposing today is not a radical change. It's a natural extension of what
marinas across Florida already provide. Food and beverage service at a marina is a common, compatible, and expected amenity that enhances the overall experience for both residents and visitors. Prior to Hurricane Ivan, Ryan's catch was a well-loved amenity in the community. Importantly, everything we're asking for remains within the existing footprint of the marina. We're not expanding the land use into residential areas.
We are simply making better use of the commercial property we already manage. These improvements will benefit not only boers, the businesses that run out of our marina, but also surrounding neighbors by bringing new dining options close to home, increasing convenience, and supporting the waterfront as a vibrant and safe place for recreation. We understand and respect that with growth comes responsibility. That's why we've designed this proposal with compatibility in
mind, ensuring compliance with zoning, addressing parking, traffic, and noise, committing to operate in a way that respects nearby residents quality of life. Our goal is simple, to invest in Southwind Marina so it continues to be an asset not just for us owners or for the 30 business owners that operate out of our marina, but for Escambia County as a whole. Thank you. Any questions from the board? I have questions. Yes. Am I allowed to cross examine now or proceed
any any opinions on the timing? I think we need to get should give everybody a um chance to speak and then you know you can crossexamine after. I think it'll be good to hear from everybody first. So, you're suggesting we hear from everyone, then I call them back up and question them on what they said earlier at a later time. That that would kind of run a foul of standards quite of judicial processes once a witness has testified. Okay, I see. So, you don't want Okay, I see what you're saying.
Any other opinions, thoughts? Just I I feel just it's best to go ahead and cross-examine why They're out there. Yeah. All right. Drag it on. Yeah. Is that okay with the board? Yes. All right. We'll maintain normal procedures. That's fine. I can stand. I'm good. Um, if you would state your name for the record. Lauren Bordon. And Miss Bordon, what is your address? 26201 Paradito Beach Boulevard, lot six, Orange Beach, Alabama 36561. And what is
your relation to Southwind Marina? Uh my husband and I are the owners. And how long have you owned Southwind Marina? Since February 22nd of 2025. And prior to um ownership of Southw Marina, February 2025. Um what was your u connection if any to this property? We have no connection previously. And are you the individual who prepared the uh submitt to Escambia County, Florida? Yes. And when did you submit your application to Escambia County? What of whichever date is on the proposed
application? Do you know when you submitted the application? I can pull it up on my phone. All right. The original submission was sent via email to Rachel Whitmer on July 7th of 2025. And uh what was the first date of your communication with Escambia County regarding this property? recall. I I do not recall. We've been in direct communication throughout our entire
business relationship to this point with the county during the purchase of the marina. And just one of you will testify at a time. Um so since February of 2025, would you say, or before purchasing the property or becoming owners of the property? I do not recall. Um, did you speak to Escambia County about this proposed conditional use before your submission on July 7th of 2025? I personally did not. Um, did the organization Southwind Marina
have communications with Escambia County before July 7th, 2025? I believe so. Um, do you know approximately for how long you or the organization have been in communication with the county regarding the development? I would say multiple months. And during that time of multiple months, did you commission any independent studies on traffic, storm water, or environmental impacts to make this application? I personally did not. Um, are you aware or do you have knowledge of whether or not Southwind Marina performed or commissioned any studies
in order to make the application? Not ordered by myself. As the owner of the of Southwind Marina, do you know whether or not Southwind Marina has any studies related to the application? It's a yes or no question. I don't believe so. Did you draft the letter dated July 9th, 2025 to Escambia County?
Do you have a copy of the letter? I do. Mine is marked. Do you have a hard copy of the application or can you pull this up on screen? Go to this document. Not sure what page Do you recognize this document, this board? Yes. And did you draft this document? I did. Um,
as supplemental information to our application as there was not enough space to handw write it. In the document, um, on page two, it states the proposed uses are modest in scale. Can you define modest for me? modest in scale, meaning there's a small footprint which is located within the footprint of the marina. And under paragraph 3 on that same page, um you reference on-site circulation. Can you describe
for me the traffic impacts um and how they will exist within the on-site circulation? We don't expect any additional increase in impact. Um, do you expect there to be additional customers uh to the marina or to the tiki bar or um food trucks as a result of this application? We do believe we'll see a small increase, but the majority of our customers we expect to come from charter boat customers that are either leaving for a trip or returning. and then
ultimately our neighbors in the community. Are you taking any measures to restrict outside traffic from uh coming to the property or using this uh tiki bar and food truck court? I'm not sure I understand your question. Do you have any plans to mitigate additional traffic from the community that would arrive in a vehicle as opposed to um boat traffic? Um,
our parking lot currently in our parking situation is able to house that volume. And um, is that just your personal opinion? Again, you you've done the traffic studies. It is my personal opinion, but also the operational opinion on our day-to-day traffic. So, you're not expecting any increase in the day-to-day traffic? I no, we're expecting an increase. Yes. And can you tell us the amount of increase you're expecting? I have not projected. Um,
have you made any business projections in relation to this application? No. Under paragraph 4, nuisances and hazards. Um, you talk about live music. Were you aware, as Mr. Jones has just stated, that outdoor entertainment would be prohibited in this zoning category? I was not, but that is why we included it in our conditional use. So although the um zoning district prohibits it, you're asking for a conditional use of outdoor
entertainment? Yes. And is that a listed conditional use in the land development code for this zoning category? It is not, but it is mentioned in the application. So, you're seeking a use that's neither a permitted use or an allowed conditional use in the zoning category. It appears so. So, you're asking this board to grant an illegal use of of the property. Ultimately, we were unaware of that fact. But if the live music is truly the issue here is
not a necessity and could be removed. And by live music we mean acoustic one or twoerson band on a 10 foot stage on a 10-ft stage playing coastal country or something relaxing. Right. But you understand that outdoor entertainment is prohibited. Whether it be live music, whether it be played music, whether it be a clown show, it's prohibited in the zoning category. Yes. Okay. Um and certainly you wouldn't ask this board to grant something that's unlawful. No,
not knowingly. Um on the next page of your submittal, paragraph six, screening and buffering, you state um No additional screening or buffering is necessary or appropriate. Are you aware that the land development code requires a 16oot buffer and a sixoot opaque uh screen or fence between commercial uses and any residential uses? Yes. As determined by this board by the county and as part
of their findings. And so do you agree that the code will require screening and buffering to your project? Yes, we're aware. And is that something you're willing to um to implement? Yes. And throughout your application, you reference uh the mixeduse zoning district. Are you aware that there is no such thing as a mixeduse zoning district or MU district that the district is commercial?
I must have been an error. And did you um consult with a land use planner in preparing this application? Yes. And who is that land use planner? Terry Williams. A county planner? A county planner. Did you consult with any outside planner in preparing this application? No, ma'am. Do you recall when you first spoke to Mr. Williams? Uh, I do not recall. It would have been within the months prior. Um, so from February to July, um,
you were engaged in conversations with Escambia County, uh, in preparation of this application? Yes. To ensure we met each part. And at no point in time were you told that your live music was illegal or that a fence was required or buffering was required? We were not told about the music, but again in the staff findings, we were told that a 16T buffer was required
and um I know you have mentioned outreach to the community. Um, in addition to the members in support of uh your proposal, are you aware there are also members of the community who oppose your uh proposal? Yes, ma'am. And did you offer any mitigation measures um to alleviate their concerns um as to any nuisance impacts that your proposed development may create? Multiple conversations were held with multiple individuals in opposition and detailed explanations were given. And when
you say detailed explanations, were they um explanations of your intent or were they offering uh mitigation solutions? They were our intent for the operation and that intent was to have outdoor entertainment in no offense. The intent was what we expect our day-to-day operations to look like. And describe for me what those day-to-day operations are. We expect the Tiki Bar to be operational for late morning um services. We plan to be open throughout the week, throughout the
day, um offering beverages uh for purchase as well as in collaboration with local food trucks um to provide a nice source of of food and beverage for the community. And do you currently um serve food or beverage on the property? We do not serve, but we do sell it in our ship store. And um describe that operation. It is a dock store. We supply um or we hold an inventory tackle, clothing, water.
We do have our alcohol um permit to be able to sell packaged alcohol. Um we have prepackaged food sales. And um the alcohol license, is that held in the name of Southwind Marina? It is held with uh Boarding Company LLC doing business at Southwind Marina. And when did you obtain that license? Um I believe it would have been in March of this year if not the beginning of April. And is that when you commenced um selling the um what did you call it? Your dog store. Yes,
our dog store. Um is that when you commenced operations at the doc store? No, we sold um everything prior without needing a permit. Not alcohol. Not alcohol. Correct. So you began the alcohol sales in March once we had an active permit. Correct. I believe those are my questions board. Any questions for the applicant? I do have questions of county staff who um you know presented their findings of facts and I didn't um cross-examine at that time. I'm happy to do that now. Or
if you want to hear from the public and I can question staff at the end, just let me know. hear from the public first because I'm Thank you. Okay. Thank you. on the open air structure if that is not allowed. We were also told that um through the county that any type of roll down walls counts as enclosed. So it could be easily modified to be enclosed if that's the issue. But I was also told we wouldn't need
conditional use to open a restaurant on the premises as it's always been there previously had it been enclosed. They said being open air was the only reason we were here today. So if that is something that's not allowed, it can easily be converted to where it's within spec and there's multiple other places in Escambia County doing the exact same setup where they use like an eyes and glass roll down to enclose it. For clarification for the board of adjustment,
uh we'll just note that Mr. Bordon is correct. If food trucks and the outdoor use is not proposed and everything is enclosed be it the bar food trucks this conditional use is not needed. So we are allowed to open a restaurant on the property as is he would otherwise be allowed by right. All right. Um we have several speakers. Um if I'll call your name. Uh, you must have filled out a
blue form first. Dave Glassman, and I apologize if I mess your name up. Please correct me. Uh, last one here, but first one to speak. I appreciate that because I got to go. Please state your name and address, please. Uh, Dave Glassman. I live in Gul Breeze at 3996 Sandy Bluff Drive West. Please raise your right hand. Thank you. So, swear and affirm. The testimony you're about to give will be the truth, the whole truth, and nothing but the truth of God. I haven't done that in a while. Yes, ma'am. Thank you. Thank you all for the time to to make a couple comments. Um,
notwithstanding the legal technicalities and and the opposition that I know nothing about, uh, I would like to remind folks that this congressional district is the single most densely veteranpacked congressional district in the nation. Um, I'm retired Marine, 22 years active service, 16 years now, uh, as the vice president of America's Heroes enjoying recreation outdoors and,
um, we're in the life-saving prevent or suicide prevention business. We've had about 10 or 12,000 veterans and now first responders come through our program. Um we offer hunting and fishing opportunities, 150,000 acres up in central Alabama and um some significant fishing opportunities for our nation's veterans of of service uh and first responders to come here and meet our locals. And so what we do is we take them fishing, which doesn't sound like much, but when you're a
captive audience on the back of the boats of a lot of the charter boat owners that are here, um that's where the magic happens and that's where the relationships um are made and um communication is is much more open and we've find solutions to problems. And so both the previous owner, which I don't know the status of Mr. Wolfford there and Mr. Bordon here, but both the previous and the new owners have expressed and have given incredible support to our mission of engaging
with these types of opportunities for our severely wounded and disabled veterans of military service and our first responders. Um, and so to the extent that live music is an issue with one or two people playing acoustic, um, it's beyond me. But um I just wanted to take a moment to say how important this facility is, not just to the community, not just to the owners as uh business operators, uh but to life-saving measures that we can provide at a future date if you're interested.
A rather incredible and impactful um amount of statistics about how effective this particular marina has been previously up until this point and how we look forward to working with the Bordon family uh going forward. So, thank you for the time. Appreciate it. board. Do you have any questions? Right. Next person is Lisa Karate.
You were close. That's all right. Lisa Corade. Um my husband and I own a property at 100099 Nell Avenue. Um, unit 902. We're next door. Please raise your right hand. Do you solemnly swear and affirm the testimony you're about to give will be the truth, the whole truth, and nothing but the truth. So, be God. Yes, I do. Thank you. I just wanted to come in support of of this establishment. Um um I'm I'm so excited to have a place walking distance from our condo that we can sit um and meet neighbors and friends and um enjoy
uh some food and a beverage and um have that sense of community. Um we all a lot of people in the neighborhood have dogs and we walk around that area a lot. Um, I I've seen I I wanted to go and check it out and I've seen the area that they're talking about having this music. Uh, they're not looking at bringing big bands in there. It is literally the size of a uh swim platform on the back of a boat. Uh, you could put maybe one or two acoustic guitars in there. Um,
so the music that will be playing I feel like is is no louder than you could have a um just a radio playing or uh or something low. It's not going to disturb uh me and my comfort sitting on my balcony in my condo. Um and I'm looking forward to having that that sense of community here. So I just wanted to come and support them. Thank you. Board questions. All right. Thank you. Um, Norman Mallister, I'd like to uh wait to be last. My attorney is going to be with me
and we'd like to let the rest of this proceed at some. Sure. All right. Uh, Susan Basham, same situation. Oh, okay. Christine Sin Cinnith. I know I butchered your last name. I apologize. I'll give you a pass on that one. I'm not sure if it's my handwriting or your or the the difficulty of the name. Christine Sensnik, 4044 Moonraker Drive. Please raise your right hand. Do you solemnly
swear and affirm the testimony about to give the truth, the whole truth, and know that the truth be done? I do. Thank you. I do. Um I want to thank everybody for their time. This is um a learning experience for me. I came today uncertain of what my position was on this particular um uh request. I am um not new to the area. My parents have owned the home for for 28 years. I re recently purchased the home from my parents. My daddy passed away last year. Um mom decided she didn't want to stay. So, I'm very excited to be in the neighborhood. Um I love this community and I'm very excited about the prospect of a restaurant um again nearby because there used to be several um and
they were wonderful. It was wonderful to be able to walk from my house over to a restaurant and and have a dinner or or lunch. Um, in hearing the application though and getting some more details, um, I have to say that I am highly in favor of of the applicants um, engaging in the community to the extent that the um, initial ordinance was written. Um I believe that the conditional use and I do understand completely why um they are looking towards a food truck situation as oo from a business standpoint as opposed to a brickandmortar restaurant. Um, but I do believe
that the to encourage the neighborhood atmosphere that they are looking towards and from my personal perspective, I think a brick andmortar um restaurant with music inside as would be allowed, I believe, by the ordinance um would be a just a boon to that neighborhood. Um, and I would be very much in favor of that. So, I have to say that I'm um unfortunately against the conditional use uh exception for for the food trucks and and uh and that nature. So, um, thank you for listening to me today. I appreciate that. Any questions? Thank you. Question. Okay. Thank you,
Joseph R. Wise. My name is Joseph Far Wise. Uh I live at uh 9406 Sydney Road, Pensacola, Florida. I own property at 10160 Sentin Drive in 5533 Castle Maria Lane. U my father bought
the property in 194. M do you solemnly swear and affirm that the testimony you're about to give will be the truth, the whole truth, and nothing but the truth. So help you God. Yes, I do. Thank you. Go ahead. My father, Robert H. Wise bought the property at 10 well now it's 10160 drive back then it was route 6 box 670 but anyway it's he bought the property at 10160 sitting drive in 5533 Casmaria in 1948 in 1959 a man named Ignatius Kina
Can I go to the map and show some I think we can point out for you. You have this on. Yes. Yes, sir. We can find out for you. This is our property here. This is the property talking about. But all this property here Ignatius King bought 19 Now, sir, you need to speak into the mic because they're being recorded. You can come back and
speak into the mic because it's being recorded for Okay. public records. Yes, sir. You can you can point to it and we'll find it on the map. Gladly. Like I just point out the one on on the far left there is 10160 Drive and just north of it is 5533 Cam Maria. All the property east of that Ignatius Kina bought in 1949 and it was the uh Queen of Vista subdivision. He registered it and uh
and all all the beachfront there, the waterfront from uh from 1016 Sitting Drive all the way east. He donated that waterfront property to the people that bought property back off of uh of it. In 1955, he sold a middle portion net to Dick Nolan who built Rod and Real Lodge. Rodenreal Lodge had a restaurant and a and a bar there. That was in 1955. At the far east of was
where Rusty's Fish Camp used to be, and they had a restaurant and bar. In uh 1960, he sold a portion of the waterfront property from Rodenreal Lodge to my parents' property to Dick Nolan who built Merit's Marina. Later on, Ryan's Catch opened a restaurant in in there, and that's is probably the exact location these people wanting to open their restaurant. All three of these restaurants
had bars in them. They was restaurants and they offered music and it wasn't any nobody complained about it. It It was good and and that's basically what it was for. My only problem with this and I said I thought it was south wind but now since these people are south wind I don't think anyway
uh there's a next to the brina there that all these streets says uh on the plat that all the streets in uh Queen of Vista was dedicated to the public that that that bought this property had access in there. None of these none of those streets are private. None of those streets are county. Whoever owns and I thought it was the South Wind Marina
there, but whoever owns it has fenced off the road on Nelly Avenue and Sentin Drive and that's going to hinder it. Well, it hinders traffic through there, emergency vehicles and such. But in 1960, a judge ordered the property from from Rod and Real Lodge to where Rod where Rusty's Fish Cat was a dedicated public beach in there. It can never be sold. It can never be built on and nothing. Well,
now sir, you've you've overrun your time. Can you wrap it up? I'm trying to make a point here. That fence is is illegal and it needs to go and it's going to hinder public access to this restaurant and it's going to hinder emergency vehicles in the area. It's illegal. Any questions from the board? Just for everyone's knowledge, that is an active code enforcement issue currently. Mr. chairman. Uh, no question. But, um, whenever the, uh, people come up,
make sure you pay attention to the time. That way, it can be fair for everybody because we want to hear from all of y'all, um, respectfully. Um, we want it to be equal for everybody. All right. Next person is Andy Rossi. Yeah, that's Andy Ross. Uh, I live at 10139 Sentin Drive. I live on Sentin Drive. Go ahead. Do you solemnly swear affirm the testimony about the gable will be the truth,
the whole truth, and nothing but the truth. So, help. I do. Thank you. Yes. Uh, I live on Sentin Drive. Um, my uh property uh kind of butts up against uh Southland Marina and uh I'm all for them putting some food trucks or a restaurant would be even better and a bar. I don't think that would be any kind of a hindrance to the neighborhood at all. It's pretty well spread out. The area they're talking about is rather small and I think it would be just perfect for to an addition for the neighborhood. Everything we've go to, you know, dinner with and all that. It's far enough down the road. It' be nice to have something a little bit
closer and I think everybody would would benefit from that. As far as traffic goes, I don't know if you guys have been out there when the Blue Angels saw fly, but that road is backed up for miles on G Beach Highway. Got people coming into the Quinn Vista neighborhood. They're parking on all the streets to stop and watch the Blue Angels. We get more traffic from just the Navy base Blue Angels than we would off that marina. I'm going to tell you right now during a holiday weekend uh the mar marina gets a little busier but it's it gets packed as a matter of fact and cars are
all over the place and it doesn't seem to be a big problem during a holiday for boating so I don't really think that an addition of a food truck or a bar was going to make any difference at all in that neighborhood. I think it's a great thing for the neighborhood. Um as well I own a uh a charter business that I have my boat at at Southwind Marina and I think it would be a um a very good thing for my business. It would allow uh my customers to have a place to go uh before and after to get something to eat, maybe a drink to cool off and enjoy the uh the waterfront property that that Southland has to offer. And I think all around it's just a great
idea. We don't have enough waterfront uh uh places near Pensacola. Um it's not like you have a big boardwalk with a bunch of restaurants anywhere. They're kind of spread out and far and few between really. So it' be nice to pull your boat up to a place where you can get something to eat and and get a a snack and a drink and and cruise on down. So after all, this is why we're here is to live on that waterway and the better enhancements we can make on that waterway be better for everybody. Questions board. Thank you, sir. Next, we have John Stanley. I'd like to go to last. All right.
Okay. All right. Uh Tommy do the Tammy. I'm sorry. That's okay. My husband's name's Tom. We get confused. I'm Tammy Thorough and I live at 528 Baton Boulevard, but I think I put on there um 100055 Purto Key Drive. I am the president and CEO of the Purto Key Chamber and I'm here to represent and support our member of
Southwind Marina. Please raise your right hand. Do you saw me swear affirm the testimony you're about to give will be the truth, the whole truth, and nothing but the truth. So be God. I do. Thank you. So as president of the Chamber of Commerce, I stand before you to strongly encourage approval of this project because it is so much more than development. It's about the future of our community. And I'm talking about Buro K. First, this project is going to enhance our waterfront experience. Like Andy said earlier, there's not enough places along the water and you know,
this will just only enhance it and it'll be better for our community and for our visitors to remember fondly. Second, it will support small business that are the backbone of Purido Ki in this community by creating new opportunities and for growth and visibility will strengthen not only the individual business but the entire local community. Third, it will create a vibrant gathering place and I live down the road from this marina and very excited to have it there.
I can ride my bike there and go to the tiki bar or sit sit at the pier or whatever. So, I'm really excited to have something on that end of Golf Beach Highway. Uh finally, it's it will boost tourism. Um it'll create uh economic activity in the area and it will just help showcase one of the best places in the area, Purido Key. So, I strongly support this business from a business perspective since I'm in the business of businesses and I want to see Purto Key grow and
this is who we are in Purdo Key. So, thank you. Thank questions. All right. Uh Norman McAllister and Mr. McAllister um has uh party status. So, um I would ask for a little leeway in his direct examination. Um he should be allowed the same time as the applicant. Um Mr. Mallister, if you would be sworn in, please state your name and address. Norman McAllister, one 099 Avenue,
number 1107. Please raise your right hand. Do you solemnly swear and affirm the testimony you're about to give will be the truth, the whole truth, and nothing but the truth. So be God. I so swear. Thank you. Mr. McAllister, tell me the relationship of your property to the um subject parcel. I'm on the top floor directly uh on the west end of the building which puts me um just a few feet from the property line of the fil. And how long have you been at that location?
Since 2007. And prior to um purchasing where you are now um were you um a resident here in Escambia County, Florida? Yes, I lived in uh Harren's Forest and prior to that uh on Purita Key at uh Sea Spray Riverside. And what specific concerns? I've been a resident since 2000. Since 2000. And briefly tell us your background.
uh went to sea in the merchant marine. Uh started off sailing a wiper on a ship and uh ended up chief engineer. Uh served in the army for four years. Uh was a warrant officer and a marine engineer on uh ships and tugs and landing craft. Spent a year and a month in Vietnam. ended up uh working for an engine company for about seven and a half years, managing the marine construction program and flying the company airplane and then started my own business in 1980
and ran that uh for 39 years. Last thing I owned was a uh liquid asphalt terminal in Panama City. Describe for me the character of the existing neighborhood where you live now. the um I live in a in a in a condo that's a building that that has 70 units in there and there are only 10 of those units that are that are rentals and if they're rented they're only allowed to rent them for at
least seven months in a day. Probably twothirds of the people live there that's permanent residence. A third of them are are there most of the time. A very few come only on weekends and holidays. and the re and and that building was built after Ryan's catch was destroyed. There was nothing around there but vacant land when that building was built. And I would estimate the value of those units is probably 45 to $50 million. Many of those people are veterans. Most of
them are retired people. And this idea of music till 10:00 at night is a joke. I go to bed at 9 and I don't want to hear my neighbor. I like my neighbor. He's a hell of a nice guy. But uh but I don't want to hear his music and I don't want his drunks on the motorcycles over there leaving there at 10 or 11:00 at night or showing up at uh 7 or 8:00 in the morning. And that kind of leads into my next question as to what your concerns are about their proposed use on the property. Well,
we've got a problem with the two streets that we own. the county gave us or or deeded us those two streets and we closed them. So, we don't have a problem with the traffic now. But in the unlikely event that we lose whatever and and and we're willing to really put up a fight on those two streets, but if we lose that, we're going to have the traffic go into that marina across our streets just like we did before we closed them. I mean, and it was uh 18-wheelers delivering to
the marina and motorcycles and motorcycle clubs and all these sort of things that, uh, adversely affect the quality of life of the residents of that unit of those units. And so, um, when there streets you're referring to, those streets were vacated by the county some time ago. Yes, they were vacated after the storm. this story about Ryan's Catch and these places being there um in the past about everything there and I know I know Mr. Bordon wasn't there to see it but it was all destroyed in 2004 with Ivan and and since 2004 um has there been any of that sort of development
on the property? Not to my knowledge. And you've been there since 2007? That's correct. Um when did you first learn about this proceeding? Uh Jim, our uh association uh president called me and told me that he'd got a notice in the mail uh probably seven, eight days ago, something like that. And had you been given additional time, would you have retained experts to review the submittal and
provide testimony to this board? I certainly would have. In addition, I'd have shown a a a picture, this thing that shows the three or 4 million dollars that the association has spent building a new marina. All this picture shows is is where it was where the old marina was. And there's a brand spanking new marina there now on our property. Well, we have those photo. If you'll pull up the poweroint to photos. So, I'm going to show you um a few photographs if I may. Um,
is this is what's being requested as a new exhibit? Yes. As evidence. So, the board's going to have to uh just accept that. Motion to accept. We have a motion to accept and a second. All those in favor, raise your right hand. And we motion passes 40. Thank you. If you'll just go. Um, so Mr. Mr. McAllister, are these photos that you're seeing fair and accurate representations
of the property? I believe they are. And um if you will describe for um if you'll scroll through to one of the closer ones, stay here. So um if you'll describe for the board where your property is located in relation to the proposed use. If you look at that building, I'm on the top floor on the extreme west end right there. And I can sit on my balcony and hear people talking at the marina now
or hollering at each other. I don't think I heard any normal voice, but uh I remember being there one time when one of the boat owners and his wife got off the boat drunk and hollered and screamed at each other and my wife and I sat out there and laughed at them and uh said, "You know, why do people that act like that uh go any place and try to enjoy anything together?" So, given that you can hear conversations from the marina, um is your concern related to the outdoor entertainment that your quiet enjoyment of your property would be disturbed? it would be a nuisance.
And I know you you described quite a bit of uh experience on the water. Is it your experience that um noise tends to carry in in this sort of environment? It certainly is. You could be a ship passing another ship 500 feet away from you and you could holler at each other and hear each other and we can hear people talking or screaming at each other down there from the marina now. But it's not a, you know, it's not unreasonable. The uh there's a boat and uh Mr. Bordon and I discussed that there's a boat owner down there that played a radio or something on his
uh loudspeaker on his boat some that was somewhat of a nuisance, but I think Mr. Bordon took care of that. And your opposition again is nothing against Mr. and Miss Bordon. It's against the use and and the impacts to you as a property owner. That's correct. My wife and I ran our business together and uh just like Mr. Bordon, I married way above myself. My wife my wife was a brains of of all the administrative side of our business and I was the brun and I think that's what we looking at right
there. And uh sir, how did the short notice period impact your ability to prepare for this hearing? It didn't give us time to get together what we would do to oppose it. And in your opinion, is the conditional use compatible with the established residential character of your neighborhood? No. Is there anything else you would like this board to consider in making its determination today? I'd like them to think about the fact that uh we've got these 70 owners over there that are next door
and uh there's been no poll of them. Uh, every one of them I've talked to opposes the noise and uh, we oppose the traffic. We're concerned that uh, we'll have the motorcycle gang show back up again like they did during the days of the Ryan's catch. And the neighborhood has completely changed. I mean, there's a couple of houses that are on that right there near Sentin Drive that are new that have been built plus the 70 residents we have. And I just don't think it's appropriate to have uh something that creates noise or brings an unreasonable amount of traffic there. I
understand the people that own boats coming. Hadn't heard a problem with any of them, but uh when you start having a public venue and you start serving alcohol by drinks at a bar, it attracts a crowd that's going to make noise and be a nuisance. That's just the facts of life. Thank you, sir. There's more questions. Board, any questions? All right. Um, John Stanley.
My name is John Stanley. Do you let me sway and affirm the testimony you're about to give? Be the truth, the whole truth, and nothing but the truth. So, help you be God. I do. Thank you. All right. We already have beer there. Um, apparently we already have So, there's nothing stopping anybody from filling our ice, Jessica, and drink on the boat. Coming back, a restaurant that regulates that or bar that regulates that where the bartender can cut people off if they drink too much is a good thing. Um, alcohol is not illegal. There's nothing illegal about having alcohol at the marina for anyone except for the people who just bought
it that want to control it served. Um, so that doesn't make any sense. And that building over there, Lost Key, that where they shut down the road and stop traffic and just do whatever they want. They just built a giant marina where there's going to be tons of boats coming in, a lot more people. And they've got donsies that are extremely loud. They come through with their big motors. Um, we're not going to call them drunks or biker gang just cuz they got a sport boat, but uh that's not bothering us. We've got all these people here that want it and one person that doesn't. There's been
a bar and a restaurant there since it's since the 50s. Um, and yeah, so whenever you buy a house, if you know that a hurricane just came through and say, you know, there's a casino there before and you buy this property, doesn't mean they're not going to rebuild their casino. That's just a bad idea. Uh, yeah, there's always going to be a restaurant rebuilt. The polls are still there from the first restaurant. It's still sitting there. We like but I don't know why anyone in the community would assume that just someone's going to give up completely on this property. There's only a
certain amount of commercial properties where you can have restaurants. This is one of them. So why would like why would we not be able to build a restaurant again? Um it's what was already there. We're like asking to put back what a hurricane knocked down. I shouldn't really have to ask permission for that. Um we're not even building anything nearly as big as what used to be there. It's a tiki bar. We've already got beer there. You can go in the dock store, buy the beer, take it, sit on the tiki bar, and drink it. We just want it out of a cave. Uh there's no reason why we
shouldn't be able to do that. There's already food there, you know. Why can't we serve food here? We got to eat. Um we've also So, in that photo there, you can see that's my machine there on my barge, both of them. I built a do I built DOC. We spent a lot of money, a lot of time, a lot of effort to try to have something nice and then I don't see why we wouldn't be allowed to do that. Look, there's a whole big area there on the right and left. There's a whole street blocking. They've
got a wall. You can't even go down the street to get to where this guy lives that's complaining about it. And that that's our only complaint. Doesn't make any sense to me. Um, and then as far as guitar, I can sit on the back of my boat that I have at the marina and play my guitar all day long if I want to. nothing illegal about it. I'm just not very good at it. So, we'd like to get some professionals that know what they're doing in there um for, you know, for everybody else. Uh as far as biker gang, ain't seen a biker gang. I know there's a young guy who works at Marina and lives on his boat has a motorcycle. Wouldn't call him a gangster at all. Uh nothing. I mean, not everybody
that rides a motorcycle is a gangster. Uh but is that my time? Thank y'all. Thank you. questions. All right. Um previous motion we um um agreed to um delay a vote. Um so I think that that finishes this case. Uh the pre the previous motion. Pretty sure you denied the motion to continue. Oh, that's right. You you denied the motion to continue and accept accepted
standing from the interveners or the two motions. Okay. All right. Board discussion it's broken. Sorry. Use this one. Um the uh now I lost my train of thought, right? Um the granting the outdoor music because of the ordinance, we're not allowed to do that.
Correct. Or can we? Yes. Correct. So that's out of pocket. So yeah, that's all the question I had on that one. So this is strictly for restaurant meaning the food truck bar. All right. Do we have a motion? I make a motion that we accept and a second. A second. Mr. Chairman, before we before we go forward,
just very briefly, Meredith Bush, um, here on behalf of the interveners, um, it's our position again, they didn't have adequate time to prepare. I understand you ruled on the motion to continue, but just as preservation for the record for appeal. Um, you've heard testimony that the applicant discussed this with the county for a many number of months. Um, however, the surrounding neighborhood was given a number of days uh in order to prepare a response. Um, the proposed use is adjacent to single family town homes is not proposing the required buffers. At
a min minimum, your code will require you to um place those buffers and I would ask that that be a condition of any approval. Uh noise uh late night activity would be incompatible with the neighborhood development. So if you do intend to grant the approval, we would ask for restrictions on hours of operation. Um all the discussion of the um access to Sentin Drive to the neighboring property, that's a separate matter. However,
um what hasn't been outlined for you is the reason those roads are closed. Uh the reason that that was vacated to the neighboring property because there are traffic concerns in the area. There are concerns with uh people leaving the subject property, going to the development where the interveners live. That's the reason the property was vacated. Um there's a forklift that drives boats from the marina to um the dry storage behind the neighboring condo. Um
any act opening that access would impede that operation. Of course, there are the residents in that condo. Opening that access is going to impede their quiet enjoyment of the property. Um, there are issues throughout the submitt. This discussion of pre-existing commercial uses that have not been there in 20 years is not a grounds for expanding at such a large capacity. While the applicants describe it as modest, there's nothing in their application or in the county's findings
to restrict it to modest development. So again, we oppose the development, the outdoor entertainment as unlawful. um the other uses of uh bar and food court or food truck court as incompatible with the um existing neighborhood. Your comprehensive plan uh objective 1.4 of the housing you know one of the objectives in your comprehensive plan is to protect the character of the existing res residential neighborhoods. Mr. Mallister testified that the residential neighborhood the character of
his neighborhood is such that it doesn't have these sorts of commercial uses. Um while I understand the neighbors or the other um speaker's position um that's not in compliance with your comprehensive plan or your land development code. So, um, based on the inadequate review, the inaccurate history of the property, um, that there's been no independent compatibility analysis performed, no independent traffic analysis performed, no study of the actual impacts of this use. Will the use be very minimal? Will it be massive? We don't know because you've not heard
from an expert. We've asked for time to to present that expert testimony. We've been denied. Um, but in your making your determination, I would like you to consider the fact that you've not heard from an expert as related to those criteria. Uh, and because it fails multiple comprehensive plan policies, does not meet the code criteria for conditional use approval, um, for compatibility, for buffering, for hazard mitigation, we're asking that you deny the application. Board questions. Um, if I may, uh, you have a motion now pending, uh, that is to accept staff's
findings, which was that staff has recommended approval of the proposed use as requested with the following conditions. Completion of the DRC process and receipt of a development order and any necessary permits for under the mobile vending unit regulations. But in the findings of fact, staff did make a recommends that consideration be given to closing hours for outdoor uses. So if you could please address that and board, we would like as staff to also amend that potential
recommendation for approval to include to exclude outdoor entertainment that is not allowed under this zoning district commercial at all. Okay, that seems to be a point of contention that we would like on the record to exclude any type of approval for outdoor entertainment. Okay. Yes. Thank you. Um, chair will now entertain a motion regarding CU 20258. And with your motion, please.
We have a motion pending and I believe there was a second. Oh, so do I need to amend that? to Did Willie make the motion? No. You made the motion. Okay. And I didn't second. Um Did you say I did? Okay. She second it. I have a comment before we move forward. Um the proper screening and buffering that's in place. Um I I think that's important that that should be added as well because that's that is an issue. Um, and I totally agree because um with the no outdoor
live entertainment because I I couldn't support it um with um outdoor entertainment knowing that it there's not supposed to be any outdoor entertainment um and proper screening and buffering. Um can we discuss that and add that to the amendment? Amended that way. Um also that way um you know because I understand what both sides are saying and um everybody's in t entitled to freely express themselves and concern for their community and um you know we can't turn
down something someone that's abiding by the law and and and reaching the requirements that are um required. Um that would be wrong on our end. But I do um uh proper screening and buffering in place is very important because I wouldn't want to live there not knowing that anything can just go um and um we need you know and um also uh add in you know um hours um if it's okay can may I ask
the owners what hours were they expecting um just for the Is it okay Mr. Chairman? Um yes. Okay. I'm not sure how we do that though. We bring each I I guess each of the any type of u condition you can apply to your approval. You can you can apply to approval. And just to answer Mr. Willie about your um screening buffering, it's essentially by default staff's approval contingent upon the development review process. We wanted to make sure that screening and buffer is a part of
the review process. That's why I specified the 16 foot the fence. So, um it's inherent and applied there. Okay. So, unless she wanted to suggest something in addition to what would be required, but it's already in there. Okay. Okay. A motion was made and seconded. Do we can we modify that motion or do we need to eliminate that and make a new motion? Just part of the discussion part. I was just wondering about I just wanted to clear be clear on the hours. just part of this discussion in this motion and then we can redo it after that if needed. Want to amend the motion after the
discussion regarding ours? Yes, you can do that. Okay. And you All right. So, anyone that filled out one of these forms, um you can come back up if you want to comment on the hours. Uh no, what are the legal acceptable hours by the board? I think I think that time has passed and you're now you have a a motion and a second and so technically you're just now having discussion time before you vote. But if you need additional information regarding the hours because you've asked the question,
you've called up the applicant, then that's certainly permissible. Yes. What is legal and generally accepted by the board as operating hours? What were you planning on the hours being? Currently, we kind of die out about 7 o'clock. our last two or three boats come in fuel and most of our business is done. The charter boats have concluded their operations for the day and most people are out of there. Um we were proposing to shut down, you know, somewhere around 8, but I believe the noise ordinance I think is not in effect until 10:00. So rather than limit
ourselves, I left it at 10. But I mean 8's not a problem for us for our operations. We're we're busy. People come for breakfast in the morning. Um they get on boats, they're gone most of the day. Um dolphin cruises run, paddle boats run, and um most of our operations were pretty much empty by about 7 o'clock in the 7 o'clock in the evening. So I was proposing to keep it open until 8, but I didn't know if there's a specific time you had in mind that is not a nuisance. I mean,
you know, just to I know all of this is new to the neighborhood and to respect of the children that go to school or whatsoever and what's going on. 7:30. Um would you know if everything closes down at 7:00 you know 7:30 be a respectable time you know um um if if um if you were willing to amend you know put that in amend amend it and put that in 7:30 acceptable yeah that's
acceptable let let me ask staff a question um I'm sure these kinds of issues have come up before um Have previous boards set limits on time? So I need you to understand when it comes to county regulations, we have our overall code of ordinances and then we have our land development code. This board operates under the opices of the land development code. Land Development Code has hours of operation for construction for certain activities such as uh mining activities. Anything
having to do with a noise ordinance or hours of operation would be out in that code of ordinances and not under the purview of this board. But I do want to so I do want to add this point that in according to the final determination from from the land development code 2.6 62-6.4 final determination. This is this is what you're allowed to do. board as as the county attorney stated in granting arena verbatim in granting a conditional use. The reviewing board,
which is you, shall have the authority to attach any conditions directly related to the use as the board may find necessary for satisfaction of the conditional use conditions and preservation of the intent of the applicable zoning district. Such conditions and I think that's what Mr. trying to accommodate both parties and trying to be reasonable. Such conditions include setbacks.
That mean the code has setback requirements. If this board desire to put more to enhance or stronger these are condition this is the under the board's authority height impervious cover total floor area building orientation I mean the way that the uh the full courts and this is directly from the code s is oriented on the site screening Mr. Caleb stated that the code
does require a screaming certain amount. You can enhance buffering sight signage and lightening and hours of operation that is directly from the land development code which governs I mean y'all can read it which governs the condition process and what the board the authority that the board can make additional conditions to make align with compatibility so that everybody can have
reasonable expectations through the site plan process and I and I want to say this even if disapproved by the board there's another process which they got to go through called the site plan review process a citizen still can appeal that process within general parameters if they feel like that something is still being is not done right. So, it still won't be over if this board decide to approve it. It still got to go through several other processes and those processes still
won't be over if a recommendation is approved in those. I want to be clear and direct. So, everyone know directly what this board is authorized to do as a community and based upon them as well. direct language from the current Atlanta vet code that is in effect as of this day. I don't know what the day is. I can't remember. But I noticed the year of 2025. Let me ask you um if
if the board were to agree to the applicant's request and make some of those changes, does that affect the staff's um previous findings? No, it does not. These are just conditions that we would they would have to adhere to going forward through the review process. That would be a force at all levels at the site plan review level. still need it and at even the code enforcement levels if it was to exceed those. I would remind the board that there are particular decibel levels
concerning off-site impacts hours of of those um for consideration. So those are all standard in the land development code. Okay. All right. We have a motion. Yeah. I'm sorry. Go ahead. I have a question of staff. In the event that this does get approved and they decide to build a permanent structure that would allow them to have music, are we setting a precedence by setting hours for this
operation now or can that be modified if they build a permanent structure? Any any conditions that you put on this particular project and this particular use remain with that use? Many many years ago, we did have a situation where um an applicant had gotten had requested to have certain hours of operation. Um they were approved and then attempted later to come in and get a
variance to what had been approved and it was not allowed. So, and I would say that's why it's very it's going to be very very contingent upon upon a direction from from the county attorney's office based upon this request for this type of use so that your motion got to be clear so that it would not impact an indoor operation. Your words got to be very very clear. Your emotion got to be clear
so that it just impact this and not any other restaurant for indoor usage again. Okay. So, so that's why that's what and I saw Miss Hugh she was shaking her head. Got to be very very clear on the motion that you make it. Okay. As I understand it, the motion that has been made um does not include um at this time hours of operation. No, it did not. Okay. So,
we need to if if we want that to be added to um the motion, we need to set a time. Correct. 7:30. I am. How does the board feel about it? Well, let's start with Willie and just tell us what you think. What do you think? I think seven if if um things are slowing, you know, coming to an end at 7 o'clock, I think 7:30 is a respectable time, go ahead and shut down and,
you know, Okay. What's the start time? Um start time. Um, so if we're able to do breakfast, I mean, our first charters leave at 7, but we weren't planning on opening the bar until 10:00 a.m. That was written in our setup. So, the food trucks may be operating earlier to service the operation, but as far as our operation, um, you know, 10 to 7:30, 8:00 is acceptable to it.
But that doesn't limit it to later if we have a restaurant. Most of the restaurants in Purito Ki are open till 10. So when we do a fully enclosed restaurant, as long as that wouldn't affect that that you know. Yeah. Yeah. That's just for this use only. So it wouldn't affect it. Yeah. Yep. In the future. I think 7 to um 7 to 7:30 is reasonable. Yeah, I think that's reasonable. I mean because I don't I don't I don't feel like everybody will be all hyped up in the morning time. They'll be eating breakfast and ready to head out. They'll just be coming in,
grabbing a breakfast sandwich, and boarding a boat. And I'm sure as a business owner, y'all ain't going to have no disrespectful rowdy people coming in being disrespectful anyhow, you know? Right. No. No. You know. Yeah. So, so my my question again to staff, if we limit these hours and they build a enclosed permanent restaurant, are we limiting their hours to what we are approving right now? Because I will be against that. No, it was it this is particular to the proposal for the food truck and the tiki bar specifically for this builds
a restaurant. It would not apply outdoor and if they wanted to do an indoor restaurant, they wouldn't even need to come here. Yes. Is it from the county? Yep. Thank you very much. Board to recommend. Sorry, Susan. Do you have any um no comments on the on the timing? It's been suggested 7 a.m. to 7:30 p.m. operating hours. Is that enough time if the people get off the dock
closes at 7:00? You want to have dinner, right? Which half hour? 8:00. 8:00 maybe. 8:00. They get in at 7, you get an hour to eat. You don't have to rush. Okay. Is that a minimal? Sorry, Willie. You said 78. Yeah, that's fine. Okay. M and I would ask him again to come back up and make and confirm and validate because I want him to be clear because I don't want no one to hinder him and the future of going forward but of course compatibility get around the neighbors all those things want to have balance want to have balance for all parties so if the
board going to go that route I think it need to be stated firmly and emphatically so he'll know his expectations and the community can know what is expected of him as well if the decides to approve this. All right, Willie, it's your motion. Do you want to modify your motion? All right. So, now we got down to hours and denying outdoor music. Correct. That's where things are. Okay. So, I recommend that we um accept the uh staff's recommendation
with the addition of the denial of the outdoor entertainment and the acceptance of hours of 7 to 8:00 7 a.m. to 8:00 p.m. Is there anything else I need to put in that? I think we're good. No, everything there works for us perfectly. All right. Second. Second. All right. All those in favor raise your right hand. Motion passes. 4 Z. All right. Thank you very much, board.
Okay. Um board, what's on the horizon for us? Next month, the next meeting is going to be Wednesday, September 17th. We have two cases that we plan on hearing. All right. Do we have to we have to have a motion to Okay. Great. Meeting is thank you.
Thank you much. Oh, thank you.