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kind of what I'm doing here. This meeting of the Escamia County Board of Adjustment on April 15, 20126 is hereby called to order. With six 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 the testimony you're about to give will be the truth, the whole truth, and nothing but the truth? Help you God? I do. Members of the board, copies of staff's resumeumés have been 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 testim testimony? Seeing none, the the BOA meeting package for April 15, 2026 with the development service staff findings of facts have previously been provided to the board members. The chair will now entertain a motion to accept the BOA meeting package into evidence. Do we have a motion? Make a motion. We have a motion by Susan. Do we have a second? A second. We have a second by Greg.
All those in favor of the motion, please raise your right hand. All in favor? Motion passes. Let's see. Do we have uh 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? We We have a motion by Travis. Second. We have a second by JC. The um all those in favor of the motion,
please raise your right hand. Motion passes. All in favor? Members of the board, you have reviewed the minutes for the board of adjustment meeting held on March 18th, 2026. Upon your review of the minutes, are there any conditions, additions, deletions, or corrections? The chair the chair would seeing none the chair would now entertain a motion regarding the minutes for the board of adjustment meeting held on March 18th 2026. Do we have a motion?
We have a we have a motion by Rouse. Um do we have a second? Second. We have a second by Susan. All those in favor of the motion, please raise your right hand. Motion passes. All in favor? the purpose of the board of adjustment and conduct of meeting. Uh Ross, would you um board adjustment here administrative appeals variances and conditional use requests? I'm sorry. Um these hearings are quasi judicial in nature. Quasi judicial hearings are like evidentiary
hearings in a court of law, however less formal. All public testimony will be taken under oath and anyone testifying before the board of of adjustment may be subject to cross-examination. All documents and exhibits that the BOA considers are entered in 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 arguments for and against the proposed action and before making a decision, the board of adjustment will consider the relevant testimony. The exhibits entered into evidence and the applicable law because decisions
of the VA related to variances, conditional uses and extensions of development order or site plan approval are final unless overturned by a court of current of competent jurisdiction. The court may issue development orders and permits for properties in accordance with the decisions of the BOA. However, if applicant requests 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 said for said actions or any agreed party as defined by state law may seek review of such decision by filing an appropriate pleading in a court of competent jurisdiction within 30 days of the BOA decision. The date of the BOA decision shall be the date of the BOA voted at the conclusion of the hearing. When the BOA denies an application, no new application for an identical action on the same parcel shall be accepted for consideration within a period
of 180 days of the BOA decision. Any person agreed by a decision VA relating to an appeal of an administrative decision may within 15 days thereafter apply to the circuit court for review. Each individual who reques 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. Thank you, sir. Esparte communication. All written or oral communication outside of the hearing with members of the BOA regarding matters under uh review today are considered exparte communications. Esparte communications are presumed prejuditial under Florida law and must be disclosed as provided in the board of county commission resolution 96-13 before decision by the 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 esparte communication regarding their respective issue to please identify themselves and describe the communication. Our first case this morning is case number CU-2026-1384 G Beach Highway. A conditional use request to allow a tennis center. Requested by a Manfred Krauss owner. Um, any esparte communications regarding this case? Seeing none,
any knowledge or information obtained from a site visit visit or other sources? Seeing none, does any board member intend to refrain from voting due to a voting conflict of interest? Seeing none, with the individuals who are a party to this item, please come to the podium and state your name and address for the record so you can be sworn in by the clerk.
Please state your name and address. Manford Krauss, 11425 Seaglade Drive. Please raise your right hand. Do you saw me to affirm the testimony you're about to give will be the truth, the whole truth, and nothing but the truth. copy gun. I do. Thank you. Good morning, sir. Good morning. Um, have you been provided with a copy of the criteria required to obtain a conditional use and a copy of the finance of fact? Yes, I have. Um, do you understand that all the criteria must be met in order for the board to grant a conditional use? Yes.
Okay. Hey, would you like to um make a presentation or would you like to um hear from the staff first? I reviewed staff's findings and they are outstanding. So, if they want to present it, they can probably do a much better job than I could. Yes, sir. Staff. Absolutely. My name is Christina Smith, an urban planner 2, and this is for conditional use case 2026-13. Um, this is a copy of the location map.
This is a 500 foot radius zoning map showing the front portion is HLI with the back portion medium density residential. This is the future land use map showing it's mixeduse suburban. This is the map showing where AIPD1. This is showing the parcel is an APZ2. And this is a map showing the flood zones on the property. And this is a map showing the
wetlands. And this is the aerial map of the property. This is the notice of the public hearing sign that was posted on the lot. This is looking north onto the site. This is looking northwest from Gulf Beach Highway. This is looking west along Gulf Beach Highway. This is looking southwest across Gulf Beach Highway from the site. And this is looking southeast across Gulf Beach Highway from the site. This is looking east along Gulf Beach Highway. And
this is looking northeast from Gulf Beach Highway. And that concludes the photography. This is for conditional use 202613. The applicant is requesting conditional use approval to allow an outdoor tennis courts within the medium density residential zoning district. For criteria A, general compatibility, the proposed use can be compatible with adjacent uses in the area. The proposed outdoor tennis court facility must be developed and operated
in a manner compatible with adjacent properties and the surrounding area. The subject property is situated along Gul Beach Highway at principal arterial roadway and within a corridor that includes several commercial businesses and majority of residential uses. The front portion of the parcel is zoned HCLI and the rear zone medium density residential. The The potential incompatible nature of the outdoor use of the property can be offset by landscape buffering such as vegetation and sound reducing walls that would
decrease the potential for adverse off-site impacts to the surrounding neighborhood. Per land development code buffering requirements, a proposed outdoor recreational development will require a 20ft landscape buffer supplement with an opaque fence or wall along property lines that abut residential uses. The proposed the purpose of the LDC buffering requirements is to promote compatibility between adjoining land uses and ensure appropriate separation
from nearby residential uses. Therefore, reducing or eliminating incompatibility between uses so that the long-term continuation of uses is not threatened by the impacts from other use from the other use. The incorporation of the 20oot landscape buffer will be confirmed during the county's development review process. Furthermore, the board of adjustments has the authority to attach conditions directly related to the use as a board may find necessary for satisfaction of the conditional use. For example, these conditions can include additional screening and buffering
or hours of operation. The property is located within airfield planning influence district one and accident potential zone 2. Notification to airport or airfield officials is required for any properties that is within the designated airport planning district and is a subject of the application for board of adjustments approval. Per the NAS Pensacola community planning leaison, the Navy has no objections to the proposed plan. Their comments include the following.
Subject property is in accident potential zone 2. The proposed conditional use of the property is considered compatible, although the recommended maximum building occupancy and outdoor public assembly should be limited to a minimum I'm sorry, a maximum of 50 people per acre. Low occupancy facilities are considered compatible. In APZ2, recreational activities have a maximum floor ratio of 0.22 22. Using the proposed site layout and stated building square footage,
the conditional use is below the maximum. Aircraft flying in this area are departing from runway 1 and climbing to 1500 ft. There is a potential for aircraft may fly over at 1300 ft inbound to break the approach of runway 19. Subject property is in noise zone one and is considered compatible. Overflight noise will occur at is as a primary departure and approach of runways one/19 approximately one n one mile to the south. Criteria B facilities and services potable water
in are available for people's water and sewer is provided by Emerald Coast Utility Authority. Facilities and services are available and will be provided as needed for the proposed use. The connection to these services will be reviewed at the development review process. Criteria C, on-site circulation. Based on the submitted application, access to and from the site is provided to VA Gulf Beach Highway and has been approved by FDOT. The applicant has conducted
a pre-application meeting with the county's development review committee. All parking access and circulation will be thoroughly evaluated by county's transportation and traffic operation personnel prior to any development authorization. Criteria Dean nuisance and hazards. The proposal includes the development of four tennis courts within the MDR medium density residential zoning district. Each court will be enclosed by 10- foot high chainlink fence with integrated screening
intended to minimize visual impacts and assist in reducing noise transmission. Pursuit to the land development code, noise levels generated by the proposed use shall not exceed the thresholds established in the LDC and the county noise ordinances. Additionally, potential impacts such as air pollutants, glare, vibrations, and other nuisance or hazards are regulated under the LDC and must be fully addressed in compliance with applicable standards. Given the limited scale and intensity of the proposed use, off-site nuisance or adverse impacts are
not anticipated at this time. Criteria E. Solid waste. Solid waste services must be provided to the site and relevant dumpster enclosure facility shown on the submitted site plan on all site waste containers must be appropriate located and screened from off-site visibility. Criteria H screening and buffering per land development code buffering requirements. This proposes outdoor recreational development will require 20 foot 20 foot landscape buffering supplement with
an opaque fence or wall along property lines that abut residential uses. The incorporation of the 20ft landscape buffer will be confirmed during the county's development review process. Criteria G, signs and lighting. The LDC requires lighting to be located for safety and visual effects and must be installed as to not shine directly on adjacent properties and public streets or cause annoyance from brightness and glare. Signage for the property the proposed use will require applicable
sign permits and must meet all county requirements as regulated to size, height, and location as specified by the LDC and building code. Signs and lightings will be evaluated for compliance with the Scambia County sign and lighting provision during the land use review process. And then criteria H site characteristics. The size and configuration of the site are adequate to accommodate the proposed use. The characteristics and integrity of the proposed use are consistent with those of surrounding and adjacent properties. The
subject property is located within the airfield influence planning district one which imposes limitations to occupancy. Specifically, any use that regularly results in gatherings exceeding 25 people per acre within or indoor or outdoors is prohibited. Given that this parcel encompasses over four acres, the maximum allowed occupancy is approximately 100 people at any one time. The proposed use will be designed and operated in compliance with these this restriction. Note
that the county GIS maps environmental sensitive lands are indicated on the rear of the property. Prior to the development authorization, these areas must be identified through sight specific survey. If these areas are to be impacted based off the preliminary site plan, no impact is proposed at these time. Criteria eight, I'm sorry, I use requirements. No additional use requirements for an outdoor recreational facility are specified by the LDC provisions.
Staff recommends approval of the proposed use as requested contingent upon site plan review and approval with incorporation of the landscape screening and buffer as required by the LDC. Thank you so much, Mr. Cross. Um, is there anything you would like to add behind that? No, they did a great job. Um, I've heard people in the past talk about pickle ball. Pickle ball. There will be no pickle ball this facility ever. Ever. Okay. All
right. You said that for the record now. Record. Except if force wants to play. All right. But anyway, we're working with USA, the United States Tennis Association, and they're giving us guidance, telling us what to do, what not to do, how to lay it out. So, my engineers here, Jennifer Bell. Absolutely. If you have any questions. Okay. Okay. I got um I was going to um ask her if she wanted to speak after we um hear from everybody else. That way,
she can kind of fill in whatever blanks need to be filled in if y'all have questions. I don't think she wants to speak, but she can. Okay. Okay. Well, we appreciate it, sir. Yes, sir. Thank you. Um, let's see. Just for the record, um, Miss Anna Zimmerman is here and, um, she is in favor of it. Um, she does not wish to speak. Correct. All right. Thank you. And, um, Miss Angela Cross um, is in favor. Would you like to speak, ma'am? Okay.
Please state your name and address. House, 111425 Sealay Drive, Pensacola. 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 help you guide. Yes, I do. Thank you. Thank you. Hi, I'm Angela Krauss and I just wanted to briefly add to what Fred shared. Um, through the Gulf Beast Beach Tennis Foundation, this project is incredibly important to us, but more importantly, we believe it will be meaningful to the community. I've seen firsthand how tennis brings people together across all ages and skill levels and
how much it can impact kids in a positive way. Right now on our side of town on the west side, there really isn't a good option. And we truly want to create something that feels welcoming, accessible, and beneficial for everyone. This will be a public and not a private um tennis club. This isn't about exclus exclusivity. It's about building a place where people can come be active, connect, and feel like they belong. And we truly love the opportunity to bring something special
like this to this side of the community. All right. Thank you. Any questions on for her on board? All right. Thank you so much. All right. Michelle Holland um is our next speaker. State your name and address. Hi, my name is actually Michelle Washington Holland. I live on 11448 Aruba Drive, Pensacola. Yes. I just want to stump um stump my foot on a couple of things that Mrs. Krauss just stated
with regard to this being a public facility. We do not have a public facility on the west side of town. Um, for those of us that live on that side, and I live way over there, close to the Alabama line. We have to drive all the way over to Roger Scott. Um, doesn't seem like far, but it is far, especially at night. Um, a lot of times I do meet people when I'm at the grocery stores or what have you on the west side of town and they see me in my tennis, cuz I'm always got on tennis clothes. Um, and they say, "Oh, where do you play tennis?" Um, especially some of the seniors. Technically,
I'm an AARP member, but um more senior than me. Um and they said, "Where do you play tennis? You know, where where's the public court?" And I said, "Well, Roger Scott, and you can go and take lessons." They thought that I'd love to, but that's too far. So, we desperately need something. I'm excited about this being a public facility on the west side of town. Otherwise, we have to go to Roger Scott or worse, Orange Beach, taking our money outside of the state. So, I'm excited about that. And again, I just wanted to foot stomp on having a public facility on the west side of
town. So, that's it for me. Thank you. All right. Thank you. I believe that she's really in support. All right. Next, we have um Penelopey uh Bradley um that um chooses not not to speak but is in favor of it. Um all right. Thank you so much. Next is um Heather Septton. Um that's in favor. Would you like to speak?
Drive. Can you speak up, ma'am? Okay. My address. My address is 9008 to Golden Eye Drive in Pensacola. Do you solemnly surrender the testimony you're about to give will be the truth, the whole truth, and nothing but the truth. So, I'll be gone. Thank you. Go ahead. Okay. Hi, my name is Heather Suffton and I'm speaking today as both a homeowner of Pensacola and a board member of the Greater Pensacola Ladies Tennis League where I serve as a facility liaison working with other tennis clubs across the area. In that role
and as a player myself, I see firsthand the demand for tennis in our community and the limitations of our current facilities. Tennis in Pensacola is outpacing the facilities available, especially the public facilities. The Greater Pensacola Ladies Tennis League alone has approximately 900 active women players, and the facilities in the area are already full. That does not include men's leagues, junior players, or recreational use. There is not enough capacity in Pensacola, especially public courts, to support the growth. From my position working with all the clubs in the area, I can
tell you it's not a perception. It's a constant ongoing issue across every facility on the west side of Pensacola. There are not enough adequate public courts available and because of that many are many of our residents like Michelle said drive to Roger Scott or to Alabama which is often an hour away just to play. It's not a sustain it's not sustainable and it limits the number of people that can play tennis. The project is not about overdevelopment. It's about meeting a clear and dominant need documented need. The tennis center provides safe and accessible courts for residents, supports youth programs and community engagement, serves military families and others who rely
on local recreation, keeps Pensacola residents playing in Pensacola. Um, it's not a high impact commercial property. It's a community asset. Tennis facilities are structured, low impact, and primarily active during daytime hours, promoting health, connection, and positivity positive use of space. As a both a resident and someone who works directly with the teams across the area, I would not support something negative that negatively impacted our community. I'm here because I see the need every single day. Right now, Pensacola players are leaving their own community to find public places to play. This project brings them home and I hope you guys will support that. Thank
you. Thank you. Any questions for us on board? All right. Thank you so much. Uh Miss Roxan Baker um is in favor. Um come and state your you speak. All right, we'd love to hear from you. State your name and address in the mic. And I'm Roxan Baker. My address is 95 North 66th Avenue. Please raise your right hand. Do you sell me and affirm the testimony you're about to give will be the truth, the whole truth, and nothing but the truth. Help you God. Yes. Thank you. I just wanted to take an opportunity to um as a lifelong resident Westside, I mean, born, raised, and still there.
um how excited it is for us to have an athletic another additional athletic facility just for tennis. We have other things there, but we've not had a tennis facility. Started out young. We had to go in high school, we played on the high school courts until, of course, Jessica Lunsford act kind of put an end to that for us because we had to lock the campuses down. Um then we had, you know, very very limited opportunities. So, we travel across town or like they said over to Orange Beach and I'll be so happy to wake up and not have to go very far to play tennis every
morning. This is going to be a facility that is just for tennis and that is so exciting. It's exciting for kids. I'm a former physical education instructor and an athletic district from the I was a athletic director for the school district of Escambia County. And I tell you, that's going to be just an awesome, awesome opportunity for those kids and for the area around it to, you know, be able to provide tennis and a lifelong sport for so many people. And I just hope that this is
approved by the board so that we can move forward and put it to uh fruition. Thank you. Thank you. All right. Next is uh Jennifer Bell. That's the engineer that's here for questions if anybody had any. Um any board members? Okay. Ma'am, if you could step up. Mr. Chairman. Um, just so you know, Miss Bell's been accepted by this board as a expert witness in
the past. All right. Thank you. Please state your name and address. Jennifer Bell, 2650 Tambridge Circle, Pensacola, 32503. 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, you got Thank you. Hi. Good morning. Um they said the courts are going to be back in the MDR part of the property and four courts I guess proposed, right? My question is is that enough courts because I mean eight people can fill up four courts if we got this big a demand for courts on
that side of town. Is there a room to build more courts in the future if it's needed? We actually have proposed two courts in the HCLI district with an addition of four in the MDR portion. So there's going to be a total of proposed a total of six courts. Thank you. Any other questions board? I have a question, but it's going to be for Michelle actually if when we get to that point. I don't have any for Jennifer. Okay. Okay. All right. All right. Um is there anyone else that um may have
wanted to speak but didn't fill out a form yet? And um that's that's for both cases. Um, make sure if you want to speak this morning, you fill out a form in the back. Um, that way we can hear from you um, today. Um, so that's everybody from that. Okay. Um, any closing statements um, by the staff? Um, I don't have anything additional to add to it. All right. Thank you. All right. Mr. Cross, um, anything you would like to add to top it off? No, sir. Okay. No, sir. Okay, that's fine. All right. um board any um Yes sir. I have a question for the applicant. Um
who and how will you coordinate the playing times on the courts? Who does that? Who who will be in charge of that? In other words, will it be a first come first serve as far as people that are playing at any given point in time or will someone coordinate the playing time? There'll be a there'll be a coordinator. We have league play that goes on mainly during the day, but we do have a coordinator and instructor that will be overseeing the whole operation. Okay. Thank you. I have a question for you. Um, what would the hours be? Um, yeah, the ladies usually
start playing at 8, so we'd probably open up at 7. Okay. And then I'm guessing 8 9:00 at night. Okay. And rarely would that happen, but that might be for folks playing or learning, getting lessons after work or whatever. There wouldn't be league play that e, you know, that late in the evening that I would think of. Okay. I can't I'm not the coordinator. I'm just a facilitator. Yes, sir. So, are there any sound barriers around it? Like if you say if you do play late, I mean, yeah,
tennis doesn't make any noise. Doesn't really do anything. The property to the east is a boat repair automotive shop or something. Okay. And then the property to the west is vacant. The property west of that is a huge vacant piece. So the property behind us is swamp back three or 400 feet. So the most noise you'll ever hear from that area will be from G Beach Highway from the cars. Okay. By basically, and if I may, Mr. Willie um as as um um as Christina stated uh findings
because of the nature of his location within that accident potential zone, they automatically require certain sound with situational walls and that was that was stated in the findings to help to help minimize some of the noise of the track because that is an absolute requirement. And hopefully that can help offset even even they say they make a little noise but if there is can help offset some of that as well. Okay. Is required by the Africa accident potential zone. Yeah. We we fence everything. Yes sir. Basically I say everything but that's to keep the balls from
going out, keep the wind from blowing through the courts and Yes, sir. Yeah. Okay. Anything else board for Mr. Cross Jay-Z? just for Michelle. Okay. Okay. And uh and um that's that's it, Mr. Thank you so much. Thank you for your time. And um JC has a question for Michelle. Michelle, thank you for coming. Um first of all, I think this is a is a great thing to do. But uh play a little devil's advocate here on um the Mount of Max people. So just a couple questions that Roger
Scott, how many So I'm not a tennis guy. Maybe I need to be, but how many tennis courts are there? Roger Scott. I don't know the full number, but Roger Scott Scott has clay and hardcourt. 28. 28. Okay. Well, then I don't know if you can answer the next question. I'm trying to figure out how many max people do you see at a time, but with 28 courts versus, you know, the four here. Um, well, it's going to be six, right? It's going to be six courts or six, I'm sorry. Uh, that I'm trying to get a feel of what are the max kind of people you would see at Roger Scott over six tennis courts.
Well, for I I think for six tennis courts, it's probably going to be about what 20 24 something like that. Okay, perfect. Thank you. Right, that's it. And if I may, if I may, just to provide some clarification, you can please help me as well. Um, it's my understanding that Roger Scott, that's that is a public that's maintained and operated basically a city Pensacola facility. Yes. This is more is open for the public but it's it's going to be maintained privately conducted privately supervised privately maintained and operated. So one of so so therefore that may be
a distinguishing on on the amount of people that will be coming. Thank you. All right. Thank you so much. All right. If there's no more questions um from the board um staff um no more statements or no more statements from Mr. cross. Um, the chair will now entertain a motion regarding item CU-2026-13. And with your motion, please state whether or not you adopt the staff's findings and facts as presented by staff. If for any reason you do not accept staff's findings,
please go through all the criteria and address each one specifically as why to why you would do not occur concur with the staff's findings and provide substitute findings. Um, do we have a motion? I'll make a motion that we accept staff's findings and move to approve the uh vote. I second. And we have a motion by Travis and a second by um Ross.
Um All right. All in favor raise your right hand. Motion passes with all in favor. All right. Our next case is uh case number CU-2026. Okay. As y'all exit, make sure you exit quietly as we continue on. That's case number CU-2026-14122.
Um Nail Avenue. Is it either Nell or Nelly? It's Nell. Nell. Nell. Okay. Nell Avenue. A conditional use request to allow a telecommunications tower within 500 500 ft of residential use. Requested by Harris Corey and Peter Corey of MC Pensacola LLC and Steven R. Morehead and Madison Leonard of Morehead Law Group. agents for um Ky owner. I hope I didn't mess that
up. Um any esparte communications regarding this case? Um board. All right. Seeing none, any knowledge or information obtained from a site visit or or so other sources. Um, seeing none, any board member intends to refrain from voting due to a voting conflict of interest. I do, Ross. Yep. Uh, just for the record here, I just want to know I'm friends with one of the people that's filled out the blue card. Hey, Janice. Uh,
so I figured since we've got a full house here, it probably be best for me to refrain from voting. Someone that's speaking. She's not going to speak. She's elected not to speak, but she's filled out a blue card. And she's a friend of yours. Yes. Okay. That's not a basis uh for abstaining as a conflict of interest. Okay, that's fine. I just want to make sure because I see you are welcome to disclose that. But yeah, because we blur it up here, so I just figured I'd tell everybody. Okay. Um if there's some reason to believe that this could potentially
to your financial gain or loss. Okay. Not a conflict. All right. Thank you. Never mind. Yes, sir. Um I I'm a client of the Morehead Law Firm and I'm wondering if that presents a conflict. I don't believe so. Um does anybody from the firm want to come up? Morning board members. Trip May Garden, 127 Palifox Place, sweet 200 Pensacola,
Florida 32502. Uh I believe the matter in connection with which we represent Mr. Hodes is completely unrelated. We don't perceive it as a conflict, but certainly we defer to the board in that regard. Okay. Um, I person I personally don't see it as a conflict. I mean, and you have nothing to do with this case whatsoever. I mean, that's just my opinion. Or that would that would be akin to um having a business that hired the same engineer that
would appear before you as happens often. So, Okay. All right. Thank you. Thank you. Okay. with the individuals who are a party to this item. Please come to the podium and state your name and address for the record so you can be sworn in by a clerk. How you doing this morning? My name is Madison Leonard of Morehead Law Group, 127 Palox Place,
Sweet 200, Pensacola, Florida 32502. As an attorney? Yes, Miss Miss Leonard doesn't need to be sworn in. She's an attorney. Thank you. Same with Mr. May Garden should he wish to speak. Okay. Were you provided with a copy of the criteria um required to obtain a conditional use and a copy of the finance of facts? Yes, sir. Um do you understand all the criteria that
must be met in order for the board to grant a conditional use? I do. All right. Okay. Would you like to make a presentation? I would like to make a brief presentation first and then defer to county staff to present their comments. Yes, ma'am. Like I said, my name is Madison Leonard of Morehead Law Group. Trip Maggarden of the firm is also present. Our client is MC Pensacola LLC and Harris Corey is present on behalf of MC Pensacola. Mr. Cory and I are designated as agents for the owner of the property subject to this conditional
use request located at 10122 Nell Avenue. The applicant seeks conditional use approval to allow a 150 ft telecommunications tower within 500 ft of residential use on the subject property which is zoned commercial with a mixeduse suburban future land use. I'll be explaining how the proposed use meets all conditional use criteria and then I will call on Mr. Corey to supplement specific criteria
with further details. The first criterion is general compatibility and I'd like to request that county staff present the location, zoning, and future land use maps included in the case file. Good morning board and everyone here. Uh my name is Melissa Shirley. I'm an urban planner too here with I'm an urban planner too here with the Scambia County uh development services department. Um this first uh image here is the location map. This is the zoning radius map from
uh the location there in the center in blue. This is the future land use of the surrounding areas. The subject is there in blue. This is showing that this is in the AIPD2 overlay. This is um showing the um flood elevation here. Um again the subject is in blue. This is just a a general aerial map of the subject property. This one shows a subject in red. Thank you. Um,
so the proposed use can be conducted and operated in a manner that is compatible with adjacent properties and other properties in the immediate area as shown on the location, zoning, and future land use maps just presented. The subject property and surrounding parcels are zoned commercial with a mix of single family, multif family, and mixed commercial uses. County staff found the tower as proposed is compatible with neighboring uses. The next criterion is facilities and services.
There is minimal demand on public services for the proposed tower. Utility connections will be reviewed at the county's development review stage. The proposed tower will support multiple carriers, Escambia County EMS equipment, and AT&T FirstN Net for first responders at no cost to the county. The next criterion is on-site circulation. There will be sufficient ingress to and egress from the site. The proposed ingress and egress to the site is via a driveway connection to Nell Avenue with a
turnaround for maintenance. As stated in staff's findings, specific connections will be reviewed during the county's development review stage. The next criterion is nuisances and hazards. The tower will not cause unreasonable nuisances and ha or hazards. County staff found that telecommunications towers do not generate unreasonable noise, glare, dust, smoke, odor, vibration, or electrical interference and should not impact surrounding uses. Generator use
on the proposed site is expected to be limited and code compliant. Next is solid waste. Solid waste will not be produced on site. However, if on-site solid waste containers are required by the county, the applicant will ensure that such containers meet the level of services required by the proposed use. Next is screening and buffering. And I'd like to request that county staff present the photo included in the case file as an example of the proposed design of the tower.
County staff noted that screening will be required to the extent possible given the height of the tower. The project design includes a 5-ft landscape buffer where feasible, preservation of existing live oaks, and a perimeter wooden fence with brick pillars. An example is there in the photo. Next is signs and lighting. County staff stated in their findings that the signing and lighting for the proposed use will be limited to what is required for safety and information.
Based on the height of the proposed tower, it is anticipated that it will have no lighting. However, as provided in county staff's findings, the applicant will ensure the signage and lighting meet all safety and information requirements. Next is site characteristics. This criterion requires that the size, shape, location, and topography of the site appear adequate to accommodate the the proposed use, including setbacks, intensity, bulk, height, open space, and aesthetic considerations.
Based on its review, county staff found that the subject property appears adequate to accommodate the proposed use. The project design includes a 25- ft fall zone and as previously stated will include screening and buffering to address the visual impact of the tower. Lastly is um the use requirements under chapter 4 section 7.12A13 of the land development code regarding sighting alternatives. I'd like to request that the county show the coverage maps in the case file.
Thank you. Um, as you can see, the coverage maps submitted by the applicant demonstrate a significant service gap in the area. And in just a moment, Mr. Corey will elaborate on the search for alternative sites for the proposed tower. Regarding environmentally sensitive lands, there are no wetlands or protected habitats impacted by the proposed tower. As stated in county staff's findings, there are six protected live oaks on the site that will be evaluated by environmental staff during the site review. Any adverse impacts will
be mitigated by the applicant pursuant to the land development code. And now I'd like to call up Harris Corey to provide supplemental information to specific criteria just discussed. My name is Harris Cory. I live at 490 Carewood Lane, Atlanta, Georgia 30342. 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. I do. Good morning. Uh my name is Harris Corey. I work for Municipal Communications. Uh we're the applicant and we were assigned this project by AT&T in June of 2025. Uh this has been a ongoing need for AT&T for over 10 years now.
Um they have tried rooftop solutions. Uh there's the Snug Harbor condos where T-Mobile and Verizon are located. Unfortunately, there's not enough room for AT&T there. And every other condo or building of substantial size either cannot allow rooftop antennas or the landlord is unwilling. So um you know they've given this assignment to many carriers I mean uh many developers like such as us uh over the years and uh we think this is the best location that has been uh proposed yet.
Um I know a few years ago uh a Catholic church leased uh space for a cell tower for this need. um and they were turned down in zoning. And uh through our search, we reached out to all the marinas, the yacht clubs, uh any substantial uh you know, commercial property and also uh residential properties to the north. Even though those do not fit your uh zoning ordinance, uh we figured, you know, we could be easier to hide a tower where there more trees. Uh unfortunately,
none of those properties were viable. Um, I'd also like to talk about our u the FirstNet program. It's AT&T's nationwide first responders network. It's available to police, fire, search and rescue, doctors, uh, government officials, and uh, it's there just to, you know, in case of an emergency, it's it allows seamless communication, which can save lives. Um, and also, uh, as Madison stated,
uh, we're proposing a wooden fence with brick pillars and, uh, also landscaping buffer. Um, you know, we're open to any suggestions here. You know, we think the design we proposed is the best looking that we could come up with. But if y'all have any suggestions, you know, we're happy to, you know, take on any thoughts on that. And, uh, you know, you because we, uh, care about the aesthetic nature of the project. And uh also the fall zone is a um that Madison mentioned, it's where the tower manufacturer designs a break point in the tower. Uh for a 25 ft fall zone,
it'd be designed at 125 ft. So therefore, in the event of a hurricane or a tornado or something like that, and it's a direct hit to the tower and the tower comes under severe stress, there is a pre-esigned break point where it will break off. And uh the 25 ft radius does not leave our zoning our landscape buffer. So it will not impact any roads or nearby properties. And uh that's it for me. Any um before you before you leave um any questions uh board members Cory
before he sits down? Okay. Thank you, sir. Mr. Chairman, um, if I could, I'd like to give you a little bit of local clarification on some of that, just maybe answer some of the questions ahead of time. Holy Spirit Catholic Church down to the west of here uh, did come and meet with us. Um, someone wanted to put a tower there because they've identified a need in that area. Um, but that entire property is zone medium density residential. There there was simply no way that
zoning would allow for it. this property and its surrounding area all commercial. Um, and while it is in an uh AIPD2 that is the least restrictive of the zones around the base, it's a planning tool. Um, basically a notification requirement for folks that hey, you're going to hear aircraft. Um, the two towers, condo towers nearby do have antennas on top. One of our requirements for new
towers is to provide collocation. We do not do so with um a building or a water tower or something like that that may have antennas on it. Um but this will have that collocation requirement and they have provided for that in the plan submitted. Okay. and and Corey. Um I know those towers go under inspection, you know, quite often. That fence is that part of the the regular inspection
and stuff like that to make sure that fence even though it's a wood fence with um you know with brick columns and all that. I mean is that does that is that fence part of inspection process? Um, so we would that I think that falls just to um us to meet y'all's requirements on having a a fence there to uh keep people out of the lease area for the carriers for their ground equipment and all that. So yeah, it's um Yeah, it would be. Yes. Okay. And um I see um Horus,
he shook his head. Yes, it would be too if it is approved. If it is approved uh uh uh uh uh during the site plan review process and with our site plan review that be on the site plan the details of that and doing the site inspection approval process with Drew and everybody with his team go out there and inspect it to make sure it is built according to those standards and the appearance and everything. We can only go so high because the towers that side but it'll be built according to what is who would be responsible to make sure it's maintained like that over the years.
That's the owner's responsibility uh when they go out and do their regular maintenance inspections because they are going to have generator going to have some sort of fuel source for that which all uh reviewed by the fire department. Um you know they're going to have to keep up with their access road to get in there because you can't you're going to have to have heavier stuff than could drive across just the dirt. So they're going to have to have some sort of semi-imperous surface. um they would inspect all that and also uh vegetation to keep down overgrowth and things
like that. And we regularly visit the sites to you know make sure they don't become overgrown with weeds and if we notice any damage we uh hire someone to go out there and fix it. Do you guys keep record of those um uh like when you do see something um on a property similar to this or or a tower similar to this? Do you guys keep a thorough record of uh you know like repairs and stuff? And I'm just talking about just on not the tower itself but like the fence that was that was a concern. Yeah. Yeah. If it becomes you know the wood starts to you know fail in any place we'll go
out there and fix it. you know, it's the carriers, you know, they're our customers and if they notice that their equipment's not secure, they'll let us know. And, you know, it's we want to keep our customers happy. So, you not only is it y'all's rules, but we're incentivized to protect the carriers equipment because we don't be liable for that. So, yes, any kind of damage to the fence will be fixed. Okay. All right. That's all I have. Um, anything else, boy? I have one more. Is this in the uh accident potential zone and has the Navy been contacted on this tower? So,
a quick primer. I probably should have mentioned it the first case. Uh accident potential zones are the the areas underneath the flight pattern. Um there's there's two planning zones. AIPD1 which consists of the accident potential zones and then AIPD2 which is our notification area. Um this is outside of the accident potential zones given the change in flight patterns
that occurred in 2010. Um this would have been under the previous flight patterns but as the Navy has changed that this is just outside that zone. The Navy is aware of what's coming. Um, and those other two condo towers are already considered controlling obstacles. Thank you. U, good morning. Hey, good morning. Um, the I see on the working case files was released to us there was a a pending FAA application. Has has that come back yet as approved yet? No, sir. Uh, the FAA has
been slow lately and uh we're still pending their review. Um and basically they'll let us know if our height is approved and if you know lighting is required. Uh typically under 200 feet no lighting is required. So the lighting is a very small minimal chance and uh sometimes when they ask you for a lower height that can also remove that requirement as well. You anticipate an approval? Yes. Uh we it's it's hard to judge really. It's that's not something I can accurately guess.
And if this is approved at this level, it will have to go to the development review committee and there are a list of requirements. That's one of those that has to be in there. Um approvals from any kind of agencies that regulate transmissions, um flight things like that. Even the Department of Transportation, we have to have some clearance from them because they regulate private airfields, crop dusters and the like. Um, so that is all their development order would be contingent upon all of those. So no matter what what we do here today, it's going to be subject to that.
It correct. It cannot move forward without those requirements. Anyone else? All right. Thank you. Um, Corey, thank you. And um, Miss um, attorney um, Madison was waiting patiently. You want Thank you. Yes. I'd just like to quickly conclude. Um, in addition to meeting the conditional use criteria, the proposed tower will provide bene benefits to the community as the tower support for FirstNet and county EMS enhances emergency response and the prop the proposed tower will
address documented coverage deficiencies and support both residential and commercial users in the area. I'd also like to note um like Mr. Homer just stated the approval of the conditional use as submitted is strictly land use approval and will move the project forward into the development review process. The applicant understands that additional additional requirements will have to be met throughout the county site review. County staff has recommended the approval of the proposed use as requested. Staff findings support compatibil compatibility, adequacy of facilities,
appropriate ingress and egress, absence of unreasonable nuisances, need-based sighting with coverage maps, and environmental review and mitigation as necessary. The proposed conditional use complies with the land development code, meets all nine conditional use criteria, is supported by staff's findings, and is backed by competent substantial evidence in the record. Under the land development code, when the board finds from the record that the applicant has presented competent substantial evidence proving the required conditions, the board shall grant a
conditional use unless the board finds from the evidence presented that granting the conditional use will be adverse to the public interest based on staff's recommendation of approval and the applicant's evidence of need, compliance with the LDC criteria, and community benefits. The applicant respectfully requests approval of the proposed conditional use as submitted to move the project forward in the development review process. Thank you for your time and I'll defer to county staff for comments. Thank you. The board have any questions for attorney Madison before she
goes? Okay. And staff um would you like to um you have any questions for Madison? The staff has no questions. Okay. Um would you like to make a presentation at this time? I can go ahead and um present on behalf of the county. Um this is the notice of the public hearing sign that was posted. Um sorry, this was Let me move this a little closer to myself. Um this is the notice of the public hearing sign posted along Nell Avenue. This is looking onto the site um from the corner
of I believe Nell and Casemaria. This is looking east um along Nell. This is looking across um Nell Avenue from the site. This is looking south across Nell Avenue. This is um the notice that was posted on Casamaria Lane. This is looking along Casamaria Lane. This is looking southwest across
um Cassa Maria Avenue towards the subject site. This is looking directly across um to the subject site. This is looking again northwest um across Casamaria. This is looking north along Casamaria. Okay. Um, so the request is that the applicant is seeking conditional use approval to allow
for 150 ft telecommunications tower within 500 ft of a residential use. The relevant authority is the land development code section 4-7.12 telecommunications towers. In criteria three, setbacks from residential zoning, no commercial communication tower shall be located closer than the height of the tower to a residential district line. Additionally, in districts where commercial communication towers are allowed, all such towers that exceed 150 ft in height are to be located
within 500 ft uh um of a residential use required that conditional use approval by the board of adjustments. Under criterion A, conditional or excuse me, general compatibility, the parcel in question is zoned commercial, as are all the surrounding parcels. The uses in this area range from single family residential to multifamily and mixed commercial uses. The tower as proposed
is compatible with the neighboring uses. While commercial zoning allows for communication towers, the proposed location is within fif or excuse me, 500 feet of a residential use, which necessitates this request. The board of adjustments may find any um necessary requests um more stringent requirements um to be addressed um at the end of this presentation. For criterion B, facilities and
services, the facilities and services available um will be provided as needed for the proposed use. The connection to those services will be reviewed at the development review stage. For criterion C, on-site circulation, ingress and egress will be via a driveway connection to either Casamaria or to Nell. Specific connections will be reviewed during that development review stage. As to criterion D, nuisances and hazards. Communication towers do not generate unreasonable noise,
glare, dust, smoke, order, uh, excuse me, odor, vibration, or electrical interference, and should not impact the surrounding uses. As to criterion E, solid waste on-site solid waste containers will be reviewed by staff and will be required to meet the level of service for the proposed use during our development review process. for criterion F, screening and buffering. Screening will be required to the extent as possible given the height of the tower and that will also be
reviewed through the staff's development review process. For criterion G, signs and lighting, signage and lighting will be limited to that is what is required for safety andformational purposes. That will also be reviewed during our development review process. For criterion H, site characteristics, the site appears to be adequate to accommodate the proposed use. The location here is abudded by several vacant parcels as was shown earlier. Um, and there's really only one
um adjacent uh residential use at this location um in in close proximity. There are others within that 500 ft radius, but I want to make it clear that there's only one that is um directly close to this subject parcel. Um for um criterion I, the use requirements, the findings of fact um through the land development code 4-7.2 two alpha section 13 provides the following requirements and those
were presented earlier um by Madison. So if uh we're okay I'm going to skip that because I feel like they did a pretty um good uh explanation of those sighting requirements. And then I do want to touch on our environmentally sensitive lands. The proposed site of the tower avoids any wetlands, habitats of threatened or endangered species, and historical sites to the greatest extent that's practical. Where adverse impacts have not been avoided, they will be mitigated through the
land development code and the development review process. And there may be additional requirements um that either the board or through our development review process that are submitted on behalf to the applicant. Um there were some live oaks that were identified at this site and those will be evaluated by our environmental um reviewer uh staff member during that development review process and addressed at that point. And finally to conclude that the staff's findings
recommended the approval of um the proposed use as requested. Thank you. Um board, do you have any questions for staff? And if I may, if I may um but had a thought. Thank you. Very good job. Um for for for to address some things, Drew and Melissa, this zoning is commercial, correct? Correct. This is commercial. This zone has a a future land use category of what? Um mixed use suburban. Correct. And the reason why I stated that um Mr. Kirkland for the for the community itself um as
you can see with staffs is in support of this um these sales with the all over the county per se. Um they have basically minimum impact. Now, there are other land uses, other permitted land uses for the community to be aware of that sometimes have much more of an adverse impact in these areas. For example, by right by right apartments can go in this area on that piece of land which has the
tendency to bring more adverse impact for the educated public. For example, sometimes public have a problem with the community have a problem with mobile homes. For example, mobile homes can go in this site by right. So, and the reason why I brought this up to provide education from the public that staff is in support of this because of the low impact to the adjacent and surrounding
properties. And with the you got a got a company who's taking a piece of property out of those type of uses that could may not have much more of an adverse impact on that area than what you think. Taking a look at all of the allowable uses or permitted uses that has the potential to go in this site without question. And that may sort of make you want to say h because all those uses that
are permitted by right without any notification especially when it come to residential and come on this site without any notification to the public. May I add um to Mr. Horus the um closest most residential use to this cell tower is a mobile home. Um so just to defer back to what he said that um it is permitted by right that if an applicant was to own this parcel and come in
um density also would be considered here. This parcel, for example, may allow for multiple um mobile homes based off of our criteria that we would review if an applicant was to come in um up to possibly four mobile homes on this site if they met all the um staff's criteria. And I stated that because of course we cannot when we cannot discriminate they people mobile homes but many times people have that concern not trying to discriminate or put down mobile homes but
many times we get phone calls all of the time. So so just all of those other uses that has the potential to go there without question. Apartments sometimes people have concern about that in the area. So just think about something with a lower impact than something that with a higher impact and all of the other things that are associated with our type of use coming into that area. All right. Thank you. Um any questions um board? Okay. We have some speakers uh that we going to hear
from this morning. Um the first one is um David Humphre. As you come to the um podium, speakers, make sure you state your name and address and get sworn in and speak into the mic. Okay. Thank you very much. Thank you. David Humphre 100099 Nell Avenue. Please raise your right hand. You so you're about to hear the truth, the whole truth. About the truth be God. I do. And I will be brief and I'm going to first initially just take almost an issue with what was just said.
is not just really not an issue. I don't disagree. Yes, sir. But I will also say this, a cell phone tower will almost guarantee that nice single family dwellings will not be built adjacent to it. And if anything is, it will be some of those elements that you say we might not want in all likelihood. And I would also suggest that there are probably two other single family dwellings down Nell Avenue within the 500 foot radius. Yes, sir. I was just the most direct closest. That was
what and and that is what I did state. I live in a 70 unit condominium that is maybe 450 ft away. Uh I stepped it off yesterday. I stepped off 160 yards. That's not very accurate measurement because of my steps. Uh but we're a 70unit condominium that is relatively close. Uh within probably two or 30 hundred yards, there's probably another in additions to the one already mentioned, another 15 to 18 uh housing units, be it a single family, quadplex, whatever. So there's multiple
housing units in in fairly close proximity. I would ask you to deny the request uh for a few reasons. Most are obvious. First of all, you cannot make even though the picture looked good, you cannot make a communication tower attractive. I don't want to look out my window and see a tower and that's exactly what I would see looking out of my office window. So, that's a selfish thing on my part, but I don't want to. I am not convinced that our property values will not suffer.
uh this is in fact constructed. Uh so I am very concerned about retaining the value of my property and I think this would have an adverse impact on that. It wasn't mentioned it is not a regular or frequent occurrence but occasionally a medevac helicopter lands immediately across the street from this site. Accident automobile accidents on Gulf Beach Highway. uh personal health considerations that one of the residents is around. So, it's not a frequent
thing, but it's probably once or twice a year. It's a little bit concerning, and I don't know. I'm not a helicopter pilot, don't know anything about flying medevac. Uh but it's a little bit concerning that immediately across the street, we might have 150 foot tall tower possibly with no lighting on it. U so I I I think I just think that's something that needs to be considered. Uh, lastly, and it hasn't really been addressed, but this is I'm sorry, this is a little bit of stuff
that I printed, scientific word there, stuff. Uh, that says that there are health concerns uh about living in close proximity. Thank you. Yes, sir. Thank you, m Mr. Chairman, if I could. There's there's a few things I think all our speakers need to be aware of. Um, one, unless they are qualified as an expert witness, they cannot give opinion testimony to things such as property value. Uh,
so I would tell the board to disregard that unless the uh witness can provide qualifications that you would accept for their ability to determine that property value. Um, the other thing we might as well go ahead and get this here. Uh I and I'm reading from our land development code. They got this uh information from the FCC. Uh this is under telecommunication towers and it gives us a number of items that need to be addressed. Number nine is emissions. says, "No location of a commercial
communication tower or communication antenna shall be regulated on the basis of the environmental effects of radio frequency emissions except to the extent that such towers and antennas comply with the FCC regulations concerning those emissions. Just something for you to keep in mind. Um and you know regarding emergency services um look they go where they need to go this isn't below ground
power either. So there are poles up throughout the area carrying power lines. Thank you. I appreciate you for pointing that out. Um, and board members always in this case and other cases, you know, know the difference between a expert witness and just a witness. But I would say this, um, these people from the community, they have three minutes and as long as they come up here respectfully,
I mean, I'm open to hear whatever they have to say because if he was an expert, he would have known that he's not an expert witness. But um you know is is it I think it's fair for us to hear exactly what they have to say in three minutes as long as they keep it respectful and we as board members we have to keep it professional and we have to know the difference between an expert witness and a non-expert witness. Um any more and and one and another point that was stated we might as well
get out out for the open. Um, unfortunately, aesthetics, appearance, how the tower look per se is not a criteria. And he and he he made that away. I just want to state that for the record. He said that was just his opinion. So, I just want to state that for the record that that's not one of the criteria and he did and think and I'm I'm glad I'm glad he made that offer. That was just his opinion. Want to get that on the record, too, as well. Thank you, Mr. Kirkland. Yeah,
I'm glad y'all brought both of those um issues up because that's something that we deal with all the time. Um a lot of times we have people come before us and what they're talking about it has nothing to do with our decision that we're making today on the item, but I would say, you know, they they have took their time to come out and, you know, they have um planned on what they're going to say and so we're going to listen. you know, we we're not, you know, um just going to shoe them away or hush them up. So, you know, um you know, we we I mean, but we do appreciate that
education because the public needs to be educated on the difference between an expert witness and a non-expert witness. And um also the board needs to be reminded from time to time, you know, these personal feelings that may come in here and the stuff that we hear, we need to be able to um um divide you know, separate, you know, what's relevant to our decision today and why they're here. We have to be able to um separate that and um but um cuz we we appreciate we appreciate the
education and um and what both of you said was totally correct. But um as far as the community, you know, we're here to hear y'all for three minutes, so you know, let's let's get on with it. Yeah. If I may just add to what Mr. Homer read from the land development code regarding emissions that is mirrored under federal law and there is a a federal law that also prohibits regulating or or basing a decision on radio frequency emissions. Okay. So, thank you attorney. Appreciate that.
This been a educational type of morning. We appreciate that. You know, we need more meetings like this instead of just uh you know saying yeah and no. I mean public and the board and everybody needs to be educated and um yes, you know, reminded about certain things and u we appreciate um we appreciate you, Mr. um Humphre. Thank you so much. All right. Our next person um is Stephen um Francis. Um okay. Would you like to speak, sir? Uh sure, I can. Okay. I don't have a lot.
All right. As you as you approach the podium, um state your name and address in in the mic. Uh, Stephen Francis. So, I actually live at 154 at the Windgate Drive, but I own property at 101000 Nelly or Nell, however we pronounce it, decide. I can never decide. And also 10110 Commtock, which is directly behind it. So, I have two properties that are within likely within the 500 ft range. And I can tell you, you know, we talked about Let's get sworn in first. I'm sorry. I I forgot to add that
part in. 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 beyond? I do. Thank you. Go ahead. So, uh, just a couple things. So, my intent is to build single family homes on those. If you look at the one on Nelly, you know, I currently have it lined off right now. I'm finishing up my designs, preparing to submit. And I know I'm not an expert witness, but I do think um I agree with the gentleman before that this does impact the value of the property. And so considering that I have two properties
within that zone, I I think it's definitely a negative or potential negative impact. Um and I would say to the one gentleman who said, you know, we've looked at all other options. Have they looked at South Loop Road, which is, you know, tends to be is very much more rural looking um wooded area that is not nearly as populated as this area uh for a cell tower. In my opinion, that would be a much better option than than this area. So, that's that's my main points. I do have some
concerns again like the other gentlemen with the potential for RF radiation. I don't know if it's real or not, you know, was COVID the right thing? Who knows? You know, so, you know, you can look at a lot of things on the internet and find studies out there that support it. Some are negative, some are positive. So, u but but the stigma is there with other people when you do sell properties or you do own properties that those type things still impact value, you know, whether it's real or not,
they do. So, anyway, right. Thank you board. You have any questions for for Mr. Frank Francis? Thank you. Thank you sir. All right. Our next speaker speaker is um Okay. Florence Warner um does not wish to speak. Um but for the record she's against it. Miss Warner um did you want to speak? Did you Okay. All right. Thank you. Okay. Thank you. Mr. Joe Everson. Um, would you
like to speak this morning? As you approach the podium podium, um, state your name and address, speak into the mic clearly and loudly and, um, get sworn in, please. My name is Joe Everson. I'm at 10200 Gulf Beach Highway. And 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 help you God. Yes. Thank you. Go ahead. You guys had the other exhibit that showed the flood zones.
Okay. So, um I live directly across the street. So, Casamaria Lane turns into a private road on the north side. The kind of flagshaped lot and the one next to it, that one, the skinny one, that's ours. And then the one next to it is my mother-in-law's house at 10250 Gulf Beach Highway. So, we fall within the 500 foot radius. that's currently within the zoning. So, and I am actually in land development business. Um I I don't know what the qualifications are for an expert witness,
but I can attest to property values in this area. This would be a negative effect. So, the way I see it on this, uh number one, it's kind of a safety concern. The 500t radius has single family residents across the street that actually reside in those houses. And one of them is my mother-in-law. I realize some people might be okay with that. Uh I actually get along with my mother-in-law, so I don't want anything bad to happen. Um so it's a safety concern number one. Also, Cas Maria Lane, Nell Avenue, heavy foot traffic, especially
along Gulf Beach Highway. Um if you guys go out there during the day or in the evenings, just a lot of foot traffic from the residents right there. Um third thing is I do understand that it is commercial zoning. Everything on that south side of the road is commercially zoned. However, there is a distinction between, you know, the commercial zoning and the actual uses. And we're stating that the uses, the adjacent uses are all commercial. Actually, especially if you include driveways that lead down to the houses that are on the water, those are actually residential uses,
even though they're zoned commercial. And I do realize that everything in that commercial zoning, they can have everything from maybe even vape shops to whatever. However, if they take this parcel that's highlighted, as you see the the parcel to the north is if you go out there, there's been some fill brought in or something like that, it has been lifted out of the flood zone. So, that is a usable parcel. The same owner owns that parcel on the north side, the parcel highlighted in blue, and then the parcel next to it. So, some guy out of Windemir,
Florida several years ago purchased that. It appears that he's made the deduction that the property on the north side is probably suitable for some kind of commercial use. The property on the south side, he may not know that residential housing is probably the the highest and best use of that area. I know what the future land use is. But if they do put a commercial tower there, number one, it's kind of a safety concern, especially with there's really no blocking the winds coming from the south and that thing end up in my front yard. I know it's got a 100 foot break
thing or whatever, but I mean we were there for Hurricane Sally. It was no joke. A lot of stuff was hurricane rated and it still wound up in our front yard. So safety concern number one. Also, I do believe it would degrae or degrade the values of all the surrounding properties because it's going to limit what this person can do with the rest of the properties if he takes out that one corner parcel and puts a cell tower there. The gentleman in here that own residential properties will not be able to develop their residential property set. All right. Thank you,
sir. Would have any questions um for Mr. Everson? I just wanted to clarify this witness was not qualified as an expert. Correct. So, the witness was testifying as a lay witness. Correct. That's correct. Cuz um he even checked out that um no for accepted by the board as an expert. So, he's not an expert um witness today. Correct. Okay. Thank you, sir. And in order to testify as an expert,
unless the individual's been previously qualified, then the board would have to vote and qualify that person as an expert. All right. Thank you so much. Anything from staff? No comments. All right. We s Yes, sir. We got um we have three more um um blue seats. Do you want to go afterwards in case it's something else that's left or uh just something real quick about the foundation of the tower? Yes,
sir. That's fine. You go. Yes, sir. Uh so here's a picture of a tower foundation, a pad pier design. It's a 25x 25 ft uh concrete pad with uh reinforced with rebar and then that is then covered up with six feet of dirt for the entire pad. Uh the tower is anchored into this by 9 foot long anchor bolts. They're usually about 20 to 30 of those. So there the towers don't just fall over like a tree. So the design break points at 125 ft. So there's no way the tower
is going to jump out of the ground and like hit a house or anything like that. It's that's just not how these things are designed. It's going to be the most uh structurally sound structure in the area maybe besides the condominiums. I just wanted to Yeah. All right. Thank you. Yes, sir. Any questions um concerning that board? All right. Thank you so much. Next, we have um Jim Weatherton Weatherton. Um as you approach the podium, um state your name and address and get
sworn in by staff. My name is Jim Weatherington. and I live at 100099 Nell or Nelli Avenue. Please raise your right hand. Do you swear and affirm the testimony you're about to give will be the truth, the whole truth, and nothing but the truth. I hope you got it. I do. Thank you. Go ahead. So, in considering the uh installation of a tower such as this, uh there are three actually four considerations that come immediately to mind. One of them, of course, is zoning. We've talked about
this commercially zoned area. No argument about that. But actually since hurricane 2000 in 2004, uh I believe that was Ivan. Uh there's been nothing but private homes built. Uh of course the condominium has 70 residents in it. So it's primarily become a residential area. Uh by de facto there's probably over a hundred residents in the area. compatibility with the area. Uh notwithstanding the tower is 150 ft. It might meet the zoning
requirements for commercial use. It's not compatible with a residential community. Uh the visual clutter from the tower in private home developments, private parks, housing developments, uh is just not aesthetically com compatible and it certainly doesn't meet the or not architecturally it's it's doesn't it's not compatible with the area. Um I'm not an expert in real estate but there are some studies out uh about the impact of uh these towers. Uh I can quote a couple of them
very quickly. Colorado study from the University of Colorado I should say in 2022 towers within 500 ft or housing within 500 ft of a tower sold for two to 7% less than similar houses in in the area taking up to 13% longer to uh to consummate a sale. uh National Institute of Science, Law and Public Policy uh did a study. 94% of buyers said they would not buy near a tower. Uh
and 79% of re realators have said that uh it has a negative impact on the value of the property. If I may interrupt quickly and I'm sorry. Oh, we have a court reporter here. Yes, sir. I just want to state for the record that we're going to the consideration of this sort of testimony. It's not in the record. It's can't be cross-examined and I don't see how it's competent substantial evidence within the meaning of what you have to consider here today. This is some study he's got no personal knowledge of whatsoever. Sir, we could cross-examine the author of that. Sir,
I know you're an attorney, but we we understand that he's not an expert witness, but he does have three minutes. And I feel like he's from the community. He has a right to come up here. I mean that don't mean we we're let me tell let me tell you something. I agree with you wholeheartedly. I just got to say that right. Yes sir. I appreciate it. But uh boy just keep in mind he's not an expert witness but he's just you he is using this three minutes three minutes that he has sat here and waited for. And for the record also um from the staff's perspective in a situation like this
if these studies were to be submitted we would want to review that and would reserve the right to object as well. before it's presented to the board. Okay. And I think and the reason why the reason why these things are absolutely critical thank you Mr. Me. Thank you. Because these things has the tendency to go up before litigation and and what is going for litigation is the written record. And so and so and with you with with with Miss Hill and with these attorneys preserving the
record is very very important because there have there have been tendency in the past prior to you Mr. Kirkling where there were some decisions that were made that were not according to they didn't they didn't take the advicement of an excellent attorney and and so therefore there was some litigation that was not favorable. So that's why it's very very important especially with any case and with their and and with their legals involved to make sure that the record is preserved because
what's going before the board is not the testimony three minutes but what's going before the board if it's go before the court the written record is what going I feel like this um too every time we come in here it's going to be someone from the community that don't understand why we're here and don't understand the decision that we're making. A lot of times they come up here and they state things that are totally irrelevant to what we're making a decision on. But I do feel this, they
have a right to come up here and use their three minutes. And I would hope whatever commissioner or whoever um um whoever appointed each of us to this position, I would hope that they appointed us knowing that we would have common sense enough to know that if somebody came in here and said Fred Flintstone lives next door and he's going to bring down the value of a property and that has nothing to do with our decision, I would hope that we are able to know the difference in that
without embarrassing someone when they come up. And um and um and staff, you're totally right. And I appreciate this education for today, but um Mr. Rutherton, um you have 46 more minutes left. Yes, sir. Sorry. Yeah, for the record. For the record, we Hey, I've been hearing all day. For the record, so for the record, you got 46 seconds left, sir. And u we would like to hear from you. Okay. Um,
another concern that is not addressed in the record is the uh health concerns. Uh, there are studies that uh are inconclusive basically saying there are health concerns that need to be addressed or should be recognized. Uh and I would like to speak very quickly on the uh uh issue of whether they can have a tower or not have a tower based on those health concerns. I believe it was the uh 1996 Telecommunications Act that says you can't make that decision
based on health concerns. But I would offer for consideration that the law was written uh by the telecommunications lobby uh for the te telecommunications industry and passed by Congress who probably had no idea about telecommunications. Thank you, sir. Thank you. Any questions, boy, for Mr. Weatherton? All right. All right. Miss Janice um Heathlyn Heftlin, she's not here. She's
not here. Okay. Um, just for the record, she um chose not to speak and she's against it. And um, Miss Becky Brooks chooses not to speak and is again You would like to Okay. Yes, ma'am. Please come to the mic, state your name and address, and get sworn in by staff. Oh, Becky Brooks. Um, I own 10104, 1010, and and 10108. Uh, Nelly, 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, help God. I do. Thank you. Go ahead. I'm not very good at this speaking in public. I'm a nervous wreck. But, um, I do want to say I own the three lots. Um, and I originally bought back in 2012 and my good neighbors that have gone to the trouble to really build nice homes um, and to beautify our area. We were shocked when we actually heard this and and I get, you know, that the lady wants to, you know, have it on there, but it is more residential and
um I'm sorry, but um I would really like to state that I don't know all the rules and all this stuff, but I do know that when these houses are going to be built, our children, our grandchildren, um we don't want it there. And we were there first. And I know that's it's it's just not fair. You know, there's so many places they could put this thing. And I was there whenever um Nelly came. I mean, um Ivan came through and it was devastating. And we're very concerned about
this tower. So, I just I'm I'm begging that they don't do this. And my neighbors, they couldn't be here today, some of them. And you know, look at the money they put into the area. You know what I'm saying? And um I'm sorry, but anyway, I'm just I'm totally against it. And um and uh Oh, Lord, I got a lot of time. Um um but anyway, um I also wanted to bring up something that whenever we were trying to uh get information about building a home, they said you have to have it so high off
the ground. And so the gentleman that was talking about um um uh putting in trailers and stuff, the lady that lives there, the people that own that across the street, they were grandfathered in, but they won't let us put trailers and all that kind of stuff there from my understanding. And you have to be built, of course, up off the ground. But anyway, um that's really all I have to say. But uh my neighbors when they told me about it and also if people that invest down there, you know,
you can't sell those places in the property. I mean, you it has to go down because think about it in your neighborhood. Nobody wants to live next to a cell tower. I hope I don't faint. Anyway, um anyway, uh but that's all I have to say. So, um, just know that we're all very concerned and like this one gentleman was saying, you know, there's a whole bunch of people on the other side, the north side of 98 and stuff like that, but anyway. Okay, that's all I have to say, but it's I totally disagree. I Nobody wants it, you know, and I know the lawyers and all that stuff are the
people. I get it and everything, and I know the lady wants it, but she's not really thinking. Like I said, a lot of people have been there a long time and for us to um actually Anyway, let me just say we we just we really don't want it there, you know. So, I'm going to go and go before I have pass out. But anyway, um thank you for your time and um thanks. All right. Thank you, Miss Brooks. All right. Um Attorney Maggarden, would you like to make a statement? No,
I I think I covered it. Again, I wasn't trying to be disrespectful to the folks in attendance today. I appreciate their opinion. Again, we've got to perfect the record. That's that's all I'm trying to do, and I felt the need to to interject at that time. Yes, sir. Appreciate it. Um Mr. Corey, um would you like to make a closing statement? Okay. Um Attorney Madison, um thank you, Mr. Chairman. Um, first I'd like to echo your comments and I we appreciate the public
coming out and expressing their concerns and we know they have the right to do that and we do appreciate it. Um, there were a lot of comments about proximity to residential uses, the visual impact of the tower, um, property values. So, I I'd like to address kind of everything that was brought up. Um, I believe Mr. Humphre, Mr. Everson, and Mr. Weatherington all brought up the proximity to residential uses. I'd like to remind the board that this property is zoned commercial,
um, as are surrounding parcels. The conditional use is required solely because of proximity to residential use and the height of the tower, not because the tower is prohibited in this on this property. The land development code expressly anticipates approval of towers near residential uses through this conditional use process. County staff has already found that the use is compatible. Um, regarding the visual impact and aesthetics of the tower,
the design of the proposed tower includes a landscaping buffer and decorative fencing to address the visual impact of the project. The existing live oaks on the site will be preserved. Um, there is no evidence in the record that concludes that the proposed tower causes unreasonable visual impacts. Subjective opinions regarding the aesthetics of the proposed tower cannot overcome staff's findings. Um, compatibility is determined by objective criteria which have all been satisfied by competent substantial evidence. Um, regarding
property values, I believe all of the um, public opinions addressed the property values and um, the county staff also addressed that anyone giving their opinion regarding a property value would be lay opinion unless already sworn in as an expert. Um, so again, any claims of reduced property values would need to be supported by appraisal data, comparable market studies, or expert testimony. No competent evidence has been submitted demonstrating decreased property
values due to telecommunications towers. Um, unsupported statements regarding property values do not constitute competent substantial evidence regarding health and safety concerns. Um, regulation of radio frequency emissions is governed exclusively by the FCC. Local governments are preempted from denying wireless facilities based on radio frequency concerns. The proposed tower will be designed to comply with all SEC exposure limits. And
then also regarding the location and alternative sites, um, I believe Mr. Francis and Miss Brooks both spoke on this. The applicant submitted coverage maps which we showed earlier in the presentation showing service gaps in the area and evidence of unsuccessful rooftop and collocation attempts which shows the applica the applicant's efforts to find reasonable site alternatives here. Um I'd like to remind the board again that the standard is whether reasonable alternatives
were explored. While we understand public concerns and we appreciate their concerns, the applicant is not required to prove that the subject property is the only possible site. No evidence in the record shows a feasible superior alternative that would meet coverage needs and code requirements. And then lastly, I'd like to um express deference to staff's findings. Staff findings are competent, substantial EV evidence in the record. staff evaluated every criterion and recommends
approval of the proposed use as requested. If the board denies the conditional use request, denial must be supported by stronger evidence than staff's findings. Um, to sum all that up, um, all conditional use criteria has been met. Staff recommends appro approval of the proposed use. No competent substantial evidence supports denial of the proposed use. And um therefore the applicant respectfully requests approval of the proposed use as it complies with the land development code,
meets all required criteria, is supported by staff findings and is backed by competent substantial evidence in the record. Again, thank you for your time and do you have any questions? Thank you board. Any questions for attorney? Okay. staff any um anything? Well, um since it did come up, um we we have discussed the different emissions and there was discussion of emergency access via
helicopter. Um Melissa is my go-to on rotary aviation. Long story there. Can you kind of explain? Yeah, I just want to speak to this. Um I did eight years um naval aviation service. Uh my specific job was working for MH60 Romeos and uh MH53 Echo. Um so I am and I was fully qualified as um in the Navy what's called a CDQAR which means that I had the highest level of training
um required through the United States uh DoD regulations for aviation um review. Um and and so I just want to speak a little bit to um the concerns about those frequencies. Um helicopters use what's called UHF and VHF. Um and lighting is not required uh when using those UHF, VHF. they will get um the the emissions that are going to come from that tower will be picked up by their regular um they have I don't want to get too ind depth in this but um they they have a uh it's
a dome on the bottom of the the helicopter that receives um those radio frequencies and that's how they talk to each other that's how they know where things are without visually seeing them um they will receive um a notification uh inside the cockpit both the um pilot, the co-pilot, and any air crewmen that would be in that will receive those um notifications. So the lighting requirements that they were talking about um the 150 ft those are all in compliance with naval
um aviation standards which are also um naval aviation standards um are the very same that the United States uh air force uses the United States Marines the coast guard um and anything that is DoD regulated um they all meet those same standards of operation. So, um not being able to speak to private helicopters that are flown for uh medical u emergency missions, but anything that is DoD that would be here in the area would only um require those UHF VHF um frequencies. And
and again, just to speak to if they need to land in that area, there would be no um substantial evidence to support that they would not know that that tower is there or that that would be any kind of um uh barrier to them being able to um reach a location in that area um safely and that's why I defer to her. Thank you so much. Um, anything else um from the two attorneys? We've heard from the
community. Everybody from the community filled out your form and spoke. Um, that's that's everybody. Okay. All right. Chair will now entertain a motion regarding item CU 2026-14. And with your motion, please state whether or not you adopt the staff's findings of facts as presented by staff. If for any reason you do not accept staff's findings, please go through all criter the criteria and
address each one specifically as to why you do not concur with staff's findings and provide substitute findings. I make I make a motion we accept staff's findings and approve the request. We have a motion by Greg. Do we have a second? I'll second. We have a second by JC. All in favor? Motion passes. All All in favor? All right.
All right. And um I just want to say thank you to everybody from from each side that came out and um showed concern and made presentations and um I can see the disappointment in some of the faces but we are here to make these decisions based on the law and um whether you know these people meet the criteria or not and um so um we have to do the right thing. Um, even besides our personal feelings we may have about these things, we have to do the right thing. But, um, thank y'all for
coming out. I mean, greatly appreciate it. Um, any new business? Um, old business. Um, I know that, uh, we need to talk about I will the at large position. Yeah, if you would do that first and then just to make an announcement that Randy Pomonson his term h is coming to an end and an advertisement has ran to replace. So if anybody's watching this and would like to apply, they can submit their resume to go to the May 5th BCC meeting. Okay. Thank you. Uh another item to well
a couple items. one um our applicants when when they turn it in on their application they give their email address. There are scam emails going out with fake invoices. Um very sketchy looking. Your name's on it by the way. Sorry, Mr. Chairman. Um but this this is becoming a a big problem. We're we have made multiple press releases as we're having the problem city of Pensacola,
city of Gulf Breeze, Santa Rosa, all the way down the panhandle, every jurisdiction. This is going uh out. We did have one person um that applied to our planning board that fell for it. Um so we're just trying to get the word out and we're telling folks as they turn in applications, unless it comes from Rachel, don't respond. Um and and the other thing uh you know we did have a number of citizen concerns and I I do tell citizens when I talk to them if they want to come talk to the
board um these things you know here's what you can talk about here's what you can't and I strive for them to make the best use of their somewhat limited time um and regarding their concerns um you know today. I I I don't feel like doing anything about changing our code. It's not the proper venue for that. Um but we do you do have criterion related to compatibility and nuisances and hazards. Um our code simply doesn't address some of these issues with aesthetics or
um interfering with a view. I I mean I don't want to have to tell people don't fall in love with a view you don't own. Um yeah, it's kind of hard to work its way that and I I appreciate your accommodation for the the speakers. So, thank you. Oh, you're welcome. Um, you know, sometimes we um, especially on days when there's way more speakers in here, you know, sometimes we hear the same things over and over and sometimes they don't even they're they're not
even they they have nothing to do with why we're here and what decision we're making. But, um, I do feel like we do have to be patient and we do have to be respectful because a lot of times the, uh, public, they feel that they're not hurt. They feel like nobody wants to listen and they feel like it's a waste of time um when they come because they pour their hearts out, you know, and um that they're not expert witnesses, you know, um it's, you know, and um they feel like
if they do come, it's going to make a difference. Sometime it does cuz sometime it makes sense and sometimes they may um bring out something that um that staff may have missed. But um when it don't, you can see the disappointment. But um you know, that's why I try to remind people that, hey, we're here to make decisions based on them meeting the requirements and um following the law and you know, we have to do the right thing and um besides our personal feelings and um you know, it just um
it's one of those things. Um, but I I appreciate y'all for listening to the public cuz that's very important. I mean, the public has lost faith in these boards because they feel like no one listens and nobody hear them. And you know, um, I feel like each and every one of them for three minutes, they deserve to be heard. And you know, um, and I know sometimes the fancy attorneys, they come in and, um, they don't want to hear it, but I feel like, you know, as long as they're not
threatening nobody, being disrespectful, you know, they shouldn't, um, feel like they're pretty much less than and just ignorant because um, I don't know everything. I come in here and I do the best I can. And the last thing me or anybody else need or the public or anybody is need to be feel like they're belittled and like they don't know nothing, you know, cuz everybody's professional. But um I appreciate staff. I appreciate the board for um taking the time to listen to the public and
um and and the education that y'all give behind it. I appreciate that because if we don't know, we don't know. And yeah, I and I I do remind potential speakers um staff can't be everywhere. The only way we get specific local knowledge is to have them come speak. We need that. And uh when it comes to pronouncing streets, always defer to the neighbors. They know better than we do. Yeah. Except they were using two different versions. Yeah. Yeah. I believe there was a a
matter of contention of the people who live there and then the people who own the property and what the streets actually to make me feel better because I gave two versions you know they didn't want me to feel alone you know but um madam attorney you have anything no sir I do not okay anything from the board anything new oh okay well this meeting is adjourned and thank y'all so much we have a next meeting yet oh yeah next meeting two cases. Okay. All right. Thank you so much.
All right. I need to learn a little bit about power session.