Gulf Breeze News 05/11/05
Clarion Suites re-zoning request put on hold By Julie B. ConnerleyGulf Breeze Newsnews@gulfbreezenews.com
Few issues pique the emotions of an Islander more than property rights, especially when it comes to property that technically one never holds clear title to, but simply leases for a period of 99 years or so.
Escambia County's efforts to levy property taxes on leaseholders' properties has been an off- and on-again battle for some time. Add to the mix concurrency issues and density caps and the combination becomes unstable.
One additional ingredient – that of the Island's character – will make the overall situation practically explosive and that seems to be the case with the Sun Ray Village Owner's Association's request for consideration for rezoning.
The association, doing business as Clarion Suites, 20 Via de Luna, appeared at a quasi-judicial public hearing before the Santa Rosa Island Authority last Wednesday on their request for consideration for rezoning under the county's Land Development Code.
At issue is 4.31 acres, more or less, that is currently zoned medium density, commercial/residential. They want it changed to high density, commercial/residential, which changes the density from 20 units per acre to 50 units per acre.
With ground rules spelled out by SRIA chair, Bill Griffith, (three minutes per speaker; 30 minutes for pros and cons), the association elected its planning and zoning consultant, Wiley C. “Buddy” Page, to speak on its behalf.
Page immediately wanted the board to recognize him as an “expert witness” but was told that his presentation would speak for itself and no expert classification would be acknowledged.
He then proceeded to explain how the Clarion's new design would fit into the existing intense-use neighborhood. The rendering of the new building would have three floors of parking garage topped by 17 residential floors, making the 20-story building equal to that of its neighbor Beach Club, and “just slightly taller than its neighbor to the east, Emerald Isles.”
Page listed five “criteria” that the board would be using when reviewing the rezoning request, adding, “These first two criteria are the most important. At this particular point, your attorney will most certainly advise you that the burden of proof then shifts from the applicant to the board as standard procedure.”
With each point - compatibility with comprehensive plan, land code, existing neighborhood uses, changes occurring on the Island, overall development patterns on the beach, the effect on the natural environment, Page advised the SRIA's staff had no objection to the proposal as presented.
Before any further discussion was heard, the SRIA's attorney, Matt Dannheisser made a clarification. “Mr. Page was very eloquent, but frequently used the word criteria as opposed to the word consideration.
“The Land Development Code of Escambia County merely asks that your decision consider the items Mr. Page referenced. They are not criteria. The two are somewhat different terms. Criteria suggests some type of object standard, but you consider those items, but you are not confined to just those items.”
Board member Dr. Thomas Campanella expressed concern about approving a request for which he had just recently received the background material, indicating he had not had sufficient time to review the documents.
Chairman Griffith reminded the board that the newly appointed Committee to Redefine Pensacola Beach would hold their organizational meeting the following Thursday, May 12, and this request was exactly the kind of issue that this committee would be expected to formulate guidelines to address.
The board wanted to deny the association's rezoning request but upon advice of their attorney and at the suggestion of the association, voted instead to table it for six months or upon recommendation of the new committee, whichever comes first. The extension allows the issue to be re-heard without the association incurring additional legal expenses.
A number of people in the audience were taken somewhat by surprise. They had come prepared for a fight, but never even got to the podium. However, their efforts were not in vain.
A coordinated effort spurred by Internet and word of mouth produced a petition, which by last count, had 431 names affixed opposing the rezoning request listing the most basic of all reasons - that of the Island's peaceful, serene character.
The petition reads, “We the undersigned are opposed to high population density housing, high rise residences, and high rise hotels being constructed on Pensacola Beach to the extent that Pensacola Beach vacationers are drawn to the area by the tranquility and peacefulness of the low density population residences. Development of the Pensacola Beaches will greatly diminish the appeal of the area, leaving it to be another 'Destin.'”
The issue will come up again and those who love Pensacola Beach for the many vistas still available between the commercial developments will be back in force for the next go-around with those who want to see the density increased.
Few issues pique the emotions of an Islander more than property rights, especially when it comes to property that technically one never holds clear title to, but simply leases for a period of 99 years or so.
Escambia County's efforts to levy property taxes on leaseholders' properties has been an off- and on-again battle for some time. Add to the mix concurrency issues and density caps and the combination becomes unstable.
One additional ingredient – that of the Island's character – will make the overall situation practically explosive and that seems to be the case with the Sun Ray Village Owner's Association's request for consideration for rezoning.
The association, doing business as Clarion Suites, 20 Via de Luna, appeared at a quasi-judicial public hearing before the Santa Rosa Island Authority last Wednesday on their request for consideration for rezoning under the county's Land Development Code.
At issue is 4.31 acres, more or less, that is currently zoned medium density, commercial/residential. They want it changed to high density, commercial/residential, which changes the density from 20 units per acre to 50 units per acre.
With ground rules spelled out by SRIA chair, Bill Griffith, (three minutes per speaker; 30 minutes for pros and cons), the association elected its planning and zoning consultant, Wiley C. “Buddy” Page, to speak on its behalf.
Page immediately wanted the board to recognize him as an “expert witness” but was told that his presentation would speak for itself and no expert classification would be acknowledged.
He then proceeded to explain how the Clarion's new design would fit into the existing intense-use neighborhood. The rendering of the new building would have three floors of parking garage topped by 17 residential floors, making the 20-story building equal to that of its neighbor Beach Club, and “just slightly taller than its neighbor to the east, Emerald Isles.”
Page listed five “criteria” that the board would be using when reviewing the rezoning request, adding, “These first two criteria are the most important. At this particular point, your attorney will most certainly advise you that the burden of proof then shifts from the applicant to the board as standard procedure.”
With each point - compatibility with comprehensive plan, land code, existing neighborhood uses, changes occurring on the Island, overall development patterns on the beach, the effect on the natural environment, Page advised the SRIA's staff had no objection to the proposal as presented.
Before any further discussion was heard, the SRIA's attorney, Matt Dannheisser made a clarification. “Mr. Page was very eloquent, but frequently used the word criteria as opposed to the word consideration.
“The Land Development Code of Escambia County merely asks that your decision consider the items Mr. Page referenced. They are not criteria. The two are somewhat different terms. Criteria suggests some type of object standard, but you consider those items, but you are not confined to just those items.”
Board member Dr. Thomas Campanella expressed concern about approving a request for which he had just recently received the background material, indicating he had not had sufficient time to review the documents.
Chairman Griffith reminded the board that the newly appointed Committee to Redefine Pensacola Beach would hold their organizational meeting the following Thursday, May 12, and this request was exactly the kind of issue that this committee would be expected to formulate guidelines to address.
The board wanted to deny the association's rezoning request but upon advice of their attorney and at the suggestion of the association, voted instead to table it for six months or upon recommendation of the new committee, whichever comes first. The extension allows the issue to be re-heard without the association incurring additional legal expenses.
A number of people in the audience were taken somewhat by surprise. They had come prepared for a fight, but never even got to the podium. However, their efforts were not in vain.
A coordinated effort spurred by Internet and word of mouth produced a petition, which by last count, had 431 names affixed opposing the rezoning request listing the most basic of all reasons - that of the Island's peaceful, serene character.
The petition reads, “We the undersigned are opposed to high population density housing, high rise residences, and high rise hotels being constructed on Pensacola Beach to the extent that Pensacola Beach vacationers are drawn to the area by the tranquility and peacefulness of the low density population residences. Development of the Pensacola Beaches will greatly diminish the appeal of the area, leaving it to be another 'Destin.'”
The issue will come up again and those who love Pensacola Beach for the many vistas still available between the commercial developments will be back in force for the next go-around with those who want to see the density increased.
posted by Pensacola Beach No High Rises !! at 8:21 PM
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