Quasi-judicial hearing held on Indian Pass Campground expansion; PDRB recommended denial and major legal and environmental disputes aired

Gulf County commissioners on May 21 conducted a quasi-judicial hearing on a development-order application from Indian Pass Resorts LLC to expand and renovate the Indian Pass Campground. The Planning and Development Review Board recommended denial by a 4-0 vote; the county commission heard legal arguments, expert testimony from the applicant and extensive public comment but did not render a final decision at the close of the hearing.

The applicant's attorney, David Theria (T-h-e-r-i-a-k), asked the commission to admit a binder of exhibits into the record; the board accepted exhibits 1—3 into the record by motion. Theria framed several threshold legal issues: whether additional recreational-vehicle (RV) pads are permitted in areas mapped as VE (velocity-elevation) flood zones, the effect of Gulf County ordinances adopted in 2021 on prior local LDR language, and whether Florida Statutes chapter 513 (as cited by counsel) preempts local setback and lot-size rules for existing RV parks.

Applicant witnesses included civil engineer David Campbell, environmental scientist Kelly Mandela and planner Alara (Laura) Mills Gudcher, who each testified the project would replace antiquated septic systems with a secondary-treatment system, install stormwater best practices (pervious pavers and infiltration), remove an existing dolomite/oyster-shell roadway that currently sheds sediment into adjacent salt marsh, and perform shoreline repair/renourishment to reclaim lost land. Campbell said the project proposes two phases: about 60 RV sites in upland areas (phase 1) and 18 additional RV sites along the current shoreline (phase 2) that would be contingent on obtaining state approvals and beach renourishment.

Planning staff and the county planner expressed objections focused on the additional RV pads (beyond the 44 existing sites) in VE zones and in wetland/high-water setbacks, and questioned issuing a development order for seaward sites that are presently submerged. Staff argued the county's current LDRs include a note prohibiting mobile homes and RVs in VE zones and that improvements creating substantial additional RV pads must comply with current county regulations; staff recommended denial at the PDRB level. County counsel clarified the county's position that existing RV sites were grandfathered but that the planned increase raised separate regulatory requirements.

Members of the public who live near Indian Pass criticized the scope and density of the proposal, raising concerns about increased traffic on Indian Pass Road, emergency evacuation and infrastructure capacity (water pressure, wastewater, electricity), loss of shoreline and impacts of the county boat ramp, and the character of the area. Several residents urged the commission to require a coordinated solution for the boat ramp, parking and shoreline repair before approving additional development.

The applicant argued that county ordinance 2021-07 and Florida law permit additional RV placements under certain conditions and that state preemption (chapter 513 as cited) limits the county's ability to regulate lot size, density and setbacks for existing RV parks. Applicant counsel asked the commission to consider those legal interpretations if the board approves the development order.

The PDRB had recommended denial (4-0) prior to the commission hearing. The commission took evidence, admitted the record and swore attendees who wished to testify; at the time the transcript stops, commissioners had completed public comment and staff input and had begun ex parte/communication disclosures. No final action by the commissioners is recorded in the hearing transcript provided.

The record includes testimony from applicant experts and multiple residents; the commission indicated it will consider statutory preemption arguments, county LDR provisions and technical evidence on stormwater, sewage and shoreline work before making a determination.