State thrashes Escambia on Perdido building cap increases

State thrashes Escambia on Perdido building cap increases

by Deborah Nelson
May 21, 2008

In a sharply worded May 13 letter (click here), Florida’s Department of Community Affairs told Escambia commissioners their rationale for wanting to remove Peridido Key building caps is not supported by facts.

The Escambia County Commission passed an ordinance www.co.escambia.fl.us/departments/planning_zoning/documents/CPA2007-02-CPerdidoKeyCapRemoval.pdf removing the caps in December.

In addition to removing caps, the ordinance would raise allowable building densities and heights for residential and mixed use areas on the Key.

But in January, DCA found that ordinance ‘not in compliance’ with Florida law. It was the second time the agency kicked the proposed change back for retooling.

Those retooling efforts have still not convinced state officials.

Perdido Key already has enough building space authorized to meet projected residential and commercial needs through 2020, according to the May 13 letter.

“With respect to permanent residential, it is projected there will be a need for 18,002 dwelling units by 2020 and the County has sufficient vacant developable land to accommodate 27,586 units,” writes DCA Office of Comprehensive Planning Chief Mike McDaniel.

DCA counters Escambia’s contention that Perdido caps give neighboring Baldwin County, Alabama an unfair development advantage. Perdido Key already has the space to build, DCA points out, they just haven’t done so.

According to Escambia’s own analysis, the letter notes, Perdido Key and Orange Beach have a similar number of units authorized: 7,503 condo units and 881 hotel units in Orange beach; 7,150 dwelling units and 1,000 hotel units in Perdido.

“However, in the case of Orange Beach they are actually built, while on Perdido Key, while some have been allocated or reserved, they have not been built,” McDaniel notes.

“The reason only 5 percent of the visitors to Escambia stay on Perdido Key is not because of development caps in the comprehensive plan,” DCA concludes, “but because the number of units the plan authorizes have not been built.”

“…since there is an excess of unclaimed capacity remaining for the construction of lodging units, it is hard to see how increasing the cap would increase Perdido’s market share. Apparently, the market is not there.”

Escambia and state officials met on May 14 in Tallahassee to rehash the issue.

Sources close to the case said DCA officials reiterated their position that Escambia had not established a need to remove the caps; or how they would pay for infrastructure. The issue now goes to a June 3 mediation session.

Sources say no mediated settlement is expected to be reached. In that case, the case would move to a hearing before an administrative law judge.

In the meantime, Escambia commissioners continue to pour more money into efforts to challenge DCA.

A $29,000 county contract with PBS&J engineering firm to rework the ordinance and related hurricane evacuation policy has ballooned to $330,000 since June of last year.

The contract covers modifications to Perdido Key’s growth management plan and the county’s Hurricane Evacuation Plan.