Good morning everyone. This meeting of the Escambia County Board of Adjustment on October 15, 2025 is hereby called to order. With five members present, we have a quorum. Will the clerk please swear in members of the 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 God? I do. Thank you. 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 October 15, 2025 with the de 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. Motion. Second. We have a motion. We have
a second. All those in favor of the motion, please raise your right hand. and unanimous. Do we have proof of publication? Yes, sir. Did the publication meet all legal requirements? Yes, sir. Willie, would you please read the legal Oh, I'm sorry. Um, the chair will now entertain a motion
to wave the reading of the legal advertisement. Do we have a motion? Motion. And do we have a second? We have a motion and second. All those in favor raise their right hand. Unanimous. Members of the board, have you reviewed the minutes for the board of adjustment meeting held on September 17, 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 meeting held on September 17, 2025. Do we have a motion? Motion and a second. Second. All those in favor of the motion, please raise your right hand. And it's unanimous. Willie, would you please read the purpose of the board of adjustment and conduct of the meeting?
Yes, sir. Purpose of the board of adjustment and conduct of of meeting. The board of adjustment BOA hears administrative appeals, variances, and conditional use requests. These hearings are quasi judicial in nature. Quasi judicial hearings are likely 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 crossexamination. All documents and exhibits that the BOA considers
are entered into evidence and made part of the record. The giving 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 the arguments for and against proposed action and before making its decision, the BOA will consider the relevant testimony. The exhibits entered into evidence and applicable law because decisions of the BOA relating to variances, conditional uses and extensions of development order for site plan approval are final unless
overturned by a court of competent jurisdiction. The county may issue development orders and permits for properties and ordinance with the decision of the BOA. However, if an applicant request the issuance of any such order or permit, then such order or permit is issued, the applicant and not the county shall bear any risk that s 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 in any agrieved party as defined by state law may seek review of such decision by following 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 of the the BOA voted at the conclusion conclusion of the hearing. Whenever the BOA denies an application, no new application for an an
identical action on the same parcel shall be accepted for consideration within a period of 180 days of the BOA decision. Any person agreved by a decision of the BOA relating to an appeal of an 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 use must complete a blue request to speak form and submit it to the clerk of board. These forms are located on
the table in 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 public record as written or oral communications 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- 12 13 before a decision by this board on any administrative appeal variance 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. All right, we have one case today. Case number CU2025-12, 9500 West Highway 98. A conditional use request to allow a restaurant not among the permitted uses of the commercial zoning district requested by Thomas Msina, agent for public supermarkets, Inc. owner.
Board, is there any exparte communications regarding this case? Seeing none board is does anyone have knowledge or information obtained from a site visit or other sources? Seeing none, does any board member in intend to refrain from voting due to a conflict of interest? Seeing none, would the individuals who are a party to this item please come to the podium state your
name and address and so you can be sworn in by the clerk. Morning Thomas Msina 9496 West Highway 98 Suites 400500 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 so be God. Thank you. Were you provided a copy of the criteria required to obtain a conditional use and a copy of the findings of fact? Yes, sir. I was. Uh, do you want to present your case or
would you rather have staff and you can I'll have staff present the facts and then I can answer any questions. All right. My name is Christina Smith. I'm an urban planner too for Scambia County. This is conditional use case 2025-12. The applicant is seeking a conditional use approval to allow for a restaurant not among the permitted uses of the commercial zoning district. Um this is a copy of the location map. This is a 500 foot radius zoning map show that most of it's commercial surrounded
by a little bit of HCLI. This is a future land use map which shows all commercial surrounding it. This is a copy of the aerial map showing the whole um shopping complex. This is the notice of public hearing sign posted on Highway 98. This is looking east on Highway 98. This is looking west on Highway 98. And this is looking at the building from Highway 98. This is a second public hearing sign that was posted on Blue Angel Parkway.
This is looking north on Blue Angel Parkway. This is looking south on Blue Angel Parkway. And this looking at the building from Blue Angel Parkway. And this is looking behind the building at where the neighborhood is pretty far back there. And this is looking at the building. And this is the location of where they're proposing the outdoor seating. And that concludes the photography. Would
the applicant like to present his case, please? So, the staff, we recommend approval. It's met all of the criteria. Um, if you would like for us to read it, I would. If not, it's it is the applicant's case to make. So, we should go ahead with your presentation, please. addressing it. Okay. Um, so we are opening a restaurant in this
space and uh in order to improve the guest experience, we would love to be able to have outdoor seating, conditional use approval that will allow for a little bit more space and you know, weather permitting, it would make it more pleasant experience for our guests. And um also we're excited to bring jobs to the local economy and you know that would help us with additional throughput that would help the restaurants be more successful to provide those jobs um and sustain them. And as far as um any anything else, I would just add that there's no alcohol sales at this our
restaurant. There's a 9:00 p.m. closure um daily and as staff mentioned the residential areas are more than 500 ft away from the actual space where we're proposing the seats. Uh the interior of the restaurant will have about 14 tables and um so we're proposing seven outdoor tables, four seats each. Um we would also do a canopy. Um, so there's a separate process where we have uh approval. I believe we currently have approval basically for a canopy only for
weather cover since there's no approved uh outdoor seating at this point. But if we had the approval for the outdoor seating, we would add a a canopy that matches the existing metal awning that's currently above the side patio door. We would have a safety railing as well. And then there's plenty of setback with there's landscaping um from the edge of the patio um in in between the street that goes by. Happy to add any other clarification. Board members, any
questions for the applicant? I have one question. staff, would you bring back um the the pot? Um, I think you had a another one of the site plant
representation or Yeah. picture. Uh, no. It was it was a drawing um of the of the I think it was the first one you pulled up. Oh. Uh, the question I have is, um, is is the outdoor seating adjacent to a public sidewalk? Yes, sir. There's a walkway that connects from the front of the building around the side and
continues towards the parking lot in the in the rear. and your outside seating won't infringe on on that public walk. Um, there we go. Can we pull up a a picture of that? Yeah. So, the canopy and the railing that we would that are going through a separate approval process would not go all the way out to that shrubbery. So there would still be space to walk in between
those shrubs and the outdoor seating area. Is is the the space between the building and the shrubs is that public or private or both? That space is owned by public supermarkets. Okay. Gotcha. All right. Thank you. Yes, sir. Board. Any other questions for the applicant? Just to make sure um um you stated there's no alcohol served at this restaurant. That's correct,
sir. No alcohol. Okay. Thank you. Okay. Would you like staff to go through the findings of fact or would you rather do that? I'll defer if if staff would like to do that for criteria A. Um, the proposed conditional use of outdoor patio dining can be conducted and operated in a manner that is compatible with adjacent properties and other properties in the immediate area. The restaurant will be located in two suites on the east side of the
building. The patio is 8x 50 for a total square foot of 400 square ft which will seat 28 people. This is a large parcel of over 50 acres with a large 16 ft vegetated buffer and an 8-ft stockade fence on the north side of the property. In addition, the suite is over 500 ft from the rear property line. For criteria B, existing utilities were installed when the Blue Angel Plaza Shopping Center was built. For criteria C, ingrass
and egress will be accessible through existing driveway connections to Blue Angel and Highway 98. For criteria D, outdoor seating areas are shown on the proposed site plan. Provisions of the land development code does not allow for the making of noise or sound that exceeds the limits outlined in 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. Criteria E, on-site
waste containers will be appropriate located and screened from offsite visibility. Criteria F, screening and buffering were approved to the proof through the development review process with the Blue Angel Plaza development order. For criteria G, signs have already been issued for the land use approval, exterior lighting shall be deflected from adjoining properties and public streets. For criteria H, the size and topography of the site appear adequate to accommodate the proposed used. The patio cover will be installed over an existing imperous surface. For criteria I,
there are no specific use requirements listed for the use for this proposed conditional use and staff would recommend approval of the proposed use as requested. Board, have you any questions for the staff? All right. Um, do we have a motion to approve this application? Do we? We don't have any. Um,
nobody speaking. No, no, there are no speakers. Okay. Well, at this time, I'll make a motion to approve according to staff findings. Um, if there's no further um questions. We have a motion and a second. Those in favor of approval, please raise your right hand. And it is unanimous. All right. Um staff, any any news or any information you can share with us? I will
defer that to your attorney for one item. Let's see. I included an order that was recently issued in the backup in the agenda just as anformational item that was regarding a case that came before the BOA some time ago uh request for conditional use uh for to uh construct a borrow pit uh which the board denied. The applicant appealed and the court upheld the BOA's decision. Thank you. So if you have any questions then I'm happy to answer it. All right, the meeting is adjourned.
Thank you all. Yes sir.