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6. A.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: HDR, High Density Residential district (18 du/acre), HC/LI, Heavy Commercial and Light Industrial district (Dwelling unit density limited to vested residential development)
TO: Pub, Public (Dwelling unit density limited to vested residential development)
RELEVANT AUTHORITY:
(1) Escambia County Comprehensive Plan
(2) Escambia County Land Development Code
(3) Board of County Commissioners of Brevard County v. Snyder, 627 So. 2d 469 (Fla. 1993)
(4) Resolution 96-34 (Quasi-judicial Proceedings)
(5) Resolution 96-13 (Ex-parte Communications)
APPROVAL CONDITIONS |
| Criterion a., LDC Sec. 2-7.2(b)(4) |
Consistent with Comprehensive Plan
Whether the proposed rezoning is consistent with the goals, objectives, and policies of the Comprehensive Plan and not in conflict with any of the plan provisions.
Comprehensive Plan Policy (CPP) FLU 1.1.1 Development Consistency. New development and redevelopment in unincorporated Escambia County will be consistent with the Escambia County Comprehensive Plan and the Future Land Use Map (FLUM).
CPP FLU 1.3.1 Future Land Use Categories. Public (P) is intended to provide for uses or facilities owned or managed by the Federal, State, or county government or other public institutions or agencies. Residential density within the Public category is none.
CPP FLU 2.2.1 Location. Public facilities and services will be located to minimize their cost and negative impacts on the natural environment and maximize their efficiency. Cost alternatives, impacts on the environment, and levels of efficiency will be discussed during the design phase and bid process utilized by the County to accomplish the installation or location of public facilities and/or services. In
addition, the County will coordinate with the ECUA, other water and/or sewer providers, and state or federal agencies with facilities located in the County or with plans to expand existing facilities or create new facilities in the County. Among other things, it is the intent of this policy that public facilities and services are available to support the densities and intensities of uses provided by this Plan and the FLUM and that there is adequate and suitable land available for such utility facilities.
CPP FLU 2.2.4 Existing Facilities. Prior to embarking on the construction of new capital improvements, Escambia County will consider the feasibility of upgrading or rehabilitating existing facilities to determine if the rehabilitation of present facilities would be in the best interest of the County and its citizens.
FINDINGS
In determining consistency with the Comprehensive Plan, several factors must be considered. First, several of the parcels in question are developed properties with existing businesses and retail establishments that are privately owned and currently in operation. As stated in CPP FLU 1.3.1 cited above, the future land use category of Public allows for uses or facilities owned or managed by the Federal, State, or county government or other public institutions or agencies. Per this regulation, it appears that private sector retail establishments and businesses would not be allowed in the future land use designation of Public. Furthermore, those existing use would be deemed as “non-conforming use” as define in Chapter 3 Definitions, Section 3.01 of the Escambia County Comprehensive Plan: Non-conforming use. Any lawfully established use of a structure, land, or water, in any combination that does not conform to the land use regulations of the zoning district and future land use category in which the use located.
Secondly, CPP FLU 1.4.1 affirms that the expansion of nonconformities is prohibited by Escambia County and that the LDC will restrict any activity that would expand the land use in question, improve structures, or expand improvements associated with a nonconforming land use. Now, it has been established that the desired use for the subject parcels will be allowed per the stated future land use category; furthermore, the background information discloses that the existing businesses will be removed with no expansion of the existing structures. As a result of this understanding, it can be concluded that the regulations provides a mechanism for the existing businesses and retail establishments to continue to operate without hampering the effectiveness of the Comprehensive Plan of Escambia County and within the provisions as set forth in the Land Development Code (LDC).
Lastly, Comprehensive Plan Policy (CPP) FLU 1.1.1 asserts that new development and redevelopment in unincorporated Escambia County will be consistent with the Escambia County Comprehensive Plan and the Future Land Use Map (FLUM). Based upon the all the provisions regarding nonconformities, the background information as it relates governmental use of the property, and the other regulations as cited with this proposed rezoning request, staff concludes that Public is consistent with the intent and purpose of Future Land Use (FLU) category Public.
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| Criterion b., LDC Sec. 2-7.2(b)(4) |
Consistent with The Land Development Code
Whether the proposed amendment is in conflict with any portion of this Code, and is consistent with the stated purpose and intent of this Code.
Sec. 3-2.8 High Density Residential district (HDR).
(a) Purpose. The High Density Residential (HDR) district establishes appropriate areas and land use regulations for residential uses at high densities within urban areas. The primary intent of the district is to provide for residential neighborhood development in an efficient urban pattern of well-connected streets and at greater dwelling unit density and diversity than the Medium Density Residential district. Residential uses within the HDR district include most forms of single-family, two-family and multi-family dwellings. On residential uses within the district are limited to those that are compatible with urban residential neighborhoods.
Sec. 3-2.11 Heavy Commercial and Light Industrial district (HC/LI).
(a) Purpose. The Heavy Commercial and Light Industrial (HC/LI) district establishes appropriate areas and land use regulations for a complementary mix of industrial uses with a broad range of commercial activities. The primary intent of
the district is to allow light manufacturing, large-scale wholesale and retail uses, major services, and other more intense uses than allowed in the Commercial district. The variety and intensity of non-residential uses within the HC/LI district is limited by their compatibility with surrounding uses. All commercial and industrial operations are limited to the confines of buildings and not allowed to produce undesirable effects on other property. To retain adequate area for commercial and industrial activities, other uses within the district are limited.
Sec. 3-2.15 Public district (Pub).
(a) Purpose. The Public (Pub) district establishes appropriate areas and land use regulations for publicly owned parcels with public uses generally having greater potential for adverse off-site impacts.
Under section 1-1.7.3 Nonconformance. Lawfully established and maintained uses, structures, site conditions, and lots made nonconforming by later adoption or amendment of any land development regulations may continue, subject to the nonconformance provisions of Article 2.The provisions protect the interests of owners in continuing to use their property while providing the community a gradual remedy for existing undesirable conditions resulting from nonconformance. Actions that would expand nonconformance are prohibited and actions that would make nonconformance more permanent are restricted. Nothing in the LDC shall be interpreted as authorizing or approving the continuation or expansion of any uses, structures, conditions, or lots not lawfully established according to regulations in effect at the time of establishment.
Article 2 Nonconformance
Sec. 1-2.1 Purpose of article.
The purpose of this article is to establish land use regulations that define the legal status of nonconformance with LDC regulations, prohibit the expansion of any nonconformance, restrict activities that would make any nonconformance more permanent, and correct nonconformance to the extent practical. This article establishes specific provisions through which nonconforming uses, structures, lots and site conditions may be maintained, altered or reconstructed, and conditions under which the nonconformance is terminated.
Sec. 1-2.2 General conditions.
(a) Continuation. Lawfully established and maintained uses, structures, lots and site conditions that no longer comply with one or more land development regulations may continue in productive use as legal exceptions to those regulations only as prescribed by the nonconformance provisions of this article and related sections of the LDC. In allowing the continuation of such nonconformance it remains the intent of the LDC to prohibit the expansion and limit the alteration or reconstruction of nonconformities, and to discourage the continuation of those that are inconsistent with the purposes of applicable regulations. Where multiple nonconformities exist, each must comply with the provisions regarding their lawful continuation.
(b) Nonconformance status. Any nonconformance status of a use, structure, lot or site condition runs with the land and is not lost by changes of ownership, or management. However, once nonconforming status is lost, the use, structure, lot or condition shall comply with current LDC regulations. For the purposes of determining whether the right to continue a nonconformance is lost, all of the activities and structures on a lot are generally to be considered as a whole. For example, a unit vacancy in a nonconforming multi-tenant building does not result in the loss of the right to rent the unit if the use of the building as a whole is maintained.
FINDINGS
The proposed amendment is consistent with the stated purposes and intent of the Land Development Code (LDC) and meets all section of the Land Development Code for a rezoning. The current site is already developed, any new development will have to meet all the requirements of the LDC and be evaluated for consistency during the Site Plan Review process. |
| Criterion c., LDC Sec. 2-7.2(b)(4) |
Compatible with surrounding uses
Whether all land uses, development activities, and conditions allowed by the proposed zoning are compatible with the surrounding conforming uses, activities and conditions and are able to coexist in relative proximity to them in a stable fashion over time such that no use, activity, or condition negatively impacts another. The appropriateness of the rezoning is not limited to any specific use that may be proposed but is evident for all permitted uses of the requested zoning.
FINDINGS
The proposed amendment is compatible with surrounding existing uses in the area. Within the 500' radius impact area, staff observed properties with zoning districts MDR, HDR, Pub, Com, and HC/LI. Within the 500' radius there is one
Escambia County Sheriff Office, Town & Country Shopping Center, Escambia County Area Transit, a repair shop, and multiple restaurants, multiple stores, multiple vacant properties and multiple single family properties. |
| Criterion d., LDC Sec. 2-7.2(b)(4) |
Changed conditions
Whether the area to which the proposed rezoning would apply has changed, or is changing, to such a degree that it is in the public interest to encourage new uses, density, or intensity in the area through rezoning.
FINDINGS
Staff found no changed conditions that would not impact the amendment or property(s). Staff find rezoning case Z-2015-23 at 1200 Block of W Leonard Street, 1211 W Fairfield, N “H” Street and W Cross Street. from: HDMU, High Density Mixed Use district (25 du/acre), HDR, High Density Residential district (18 du/acre), HC/LI, Heavy Commercial and Light Industrial district (Dwelling unit density limited to vested residential development.), Rec, Recreation (Dwelling unit density limited to vested development.) TO: Pub, Public (Dwelling unit density limited to vested residential development.) Approved by the BCC on 02/02/2016. Staff also found LSA 2015-02 at 1200 Block of W Leonard Street, 1211 W Fairfield, N “H” Street and W Cross Street was had a Future Land Use changed from Mixed-Use Urban (MU-U) and Recreation (Rec) to Public (P), from Commercial (C) to Public (P), from Mixed-Use Urban (MU-U) to Public (P). Approved by the BCC 02/02/2016. |
| Criterion e., LDC Sec. 2-7.2(b)(4) |
Development patterns
Whether the proposed rezoning would contribute to or result in a logical and orderly development pattern.
FINDINGS
The proposed amendment would result in a logical and orderly development pattern. The proposed Public district amendment would not change any logical or orderly development pattern, for that the properties are currently used as a Public established zoning district, as well as owned by local government. The zoning amendment proposed is to make existing county government or other public institutions or agencies on already Escambia County owned property compliant with the Land Development Code and 2030 Future Land Use.
Criterion (f) LDC Sec. 2-7.2(b)(4)
Effect on natural environment
Whether the proposed rezoning would increase the probability of any significant adverse impacts on the natural environment.
FINDINGS
According to the National Wetland Inventory, wetlands and hydric soils were not indicated on the subject property. When applicable, further review during the Site Plan Review process will be necessary to determine if there would be any significant adverse impact on the natural environment. |
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