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7. A.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
The applicant initially requested rezoning for both 5524 Tamarack Street and 5404 Bellamy Avenue, However, the applicant has elected to remove the Tamarack property from the rezoning consideration by the Planning Board. Therefore, the following staff analysis applies exclusively to the property located at 5404 Bellamy Avenue.
REQUESTED REZONING:
FROM: Com, Commercial (25 du/acre)
TO: HC/LI-NA,Heavy Commercial and Light Industrial district, prohibiting the subsequent establishment of any microbreweries, microdistilleries, microwineries, bars, nightclubs, or adult entertainment uses (25 du/acre)
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
The proposed zoning is consistent with the future land use (FLU) category as prescribed in LDC Chapter 3, and with all other applicable goals, objectives, and policies of the Comprehensive Plan. If the rezoning is required to properly enact a proposed FLU map amendment transmitted for state agency review, the proposed zoning is consistent with the proposed FLU and conditional to its adoption.
CPP FLU 1.3.1 Future Land Use Categories.
The Mixed-Use Urban (MU-U) Future Land Use (FLU) category is intended for an intense mix of residential and nonresidential uses while promoting compatible infill development and the separation of urban and suburban land uses within the category as a whole. Range of allowable uses include: Residential, Retail and Services, Professional Office, Light Industrial, Recreational Facilities, Public and Civic. The maximum residential density is 25 dwelling units per acre.
CPP FLU 1.5.1 New Development and Redevelopment in Built Areas. To promote the efficient use of existing public roads, utilities and service infrastructure, the County will encourage redevelopment in underutilized properties to maximize development densities and intensities located in the Mixed Use-Suburban, Mixed Use-Urban, Commercial and Industrial Future Land Use districts categories (with the exception of residential development).
FINDINGS
The proposed amendment to HC-LI/NA is consistent with the intent and purpose of Future Land Use category MU-U, as stated in CPP FLU 1.3.1, because it allows a mix of residential and non-residential uses while promoting compataible infill development. . |
| Criterion b., LDC Sec. 2-7.2(b)(4) |
Consistent with The Land Development Code
The proposed zoning is consistent with the purpose and intent and with any other zoning establishment provisions prescribed by the proposed district in Chapter 3.
FINDINGS
The proposed amendment is not consistent with the intent and purpose of the Land Development Code. The parcel does not meet the Locational Criteria as stated in LDC 3-2.11(e). The applicant did not provide a compatibility analysis at the time of submittal. The parcel is located on a local road which is not suitable for delivery trucks and other bulk deliveries that are better served by accessing arterial roadways. The current roadway serves as access to existing residential land uses. The ingress/egress would be from the County maintained road of Briskey located at the southeast corner of the parcel. |
| Criterion c., LDC Sec. 2-7.2(b)(4) |
Compatible with surrounding uses
All the permitted uses of the proposed zoning, not just those anticipated by the rezoning applicant, are compatible, as defined in Chapter 6, with the surrounding uses. The uses of any surrounding undeveloped land shall be considered the permitted uses of the applicable district. Compatibility is not considered with potential conditional uses or with any nonconforming or unapproved uses. Also, in establishing the compatibility of a residential use, there is no additional burden to demonstrate the compatibility of specific residents or activities protected by fair housing law.
FINDINGS
The proposed amendment is not compatible with surrounding existing uses in the area.
Within the 500 radius impact area, staff observed properties with zoning district of Commercial, however the majority of the properties are residential use with a large commercial use to the south. The subject parcel should utilize Duval Street which connects to Davis Hwy, an arterial roadway which is also an access for Home Depot. |
| Criterion d., LDC Sec. 2-7.2(b)(4) |
Appropriate if spot zoning
Where the proposed zoning would establish or reinforce a condition of spot zoning as defined in Chapter 6, the isolated district would nevertheless be transitional in character between the adjoining districts, or the differences with those districts would be minor or sufficiently limited. The extent of these mitigating characteristics or conditions demonstrates an appropriate site specific balancing of interests between the isolated district and adjoining lands.
As per LDC Chapter 6, Spot Zoning is: Zoning applied to an area of land, regardless of its size, that is different from the zoning of all contiguous land. Such isolated or “spot” zoning is usually higher in its density or intensity of use than the adjoining zoning and may, therefore, extend privileges not generally extended to property similarly located in the area. Spot zoning is not by itself prohibited, but due to its potentially adverse impacts on adjoining zoning it carries a higher burden of demonstration that, if authorized, it will contribute to or result in logical and orderly development
FINDINGS
The proposed amendment would create spot zoning based on the definition in the LDC. If approved, the HC/LI-NA zoning will be isolated and would allow for higher density or intensity than the surrounding properties in the area. |
| Criterion e., LDC Sec. 2-7.2(b)(4) |
Appropriate with changed or changing conditions
If the land uses or development conditions within the area surrounding the property of rezoning have changed, the changes are to such a degree and character that it is in the public interest to allow new uses, density, or intensity in the area through rezoning; and the permitted uses of the proposed district are appropriate and not premature for the area or likely to create or contribute to sprawl.
FINDINGS
There are no changed conditions in the area. The primary intent of the requested HC/LI-NA district is to allow light manufacturing, large-scale wholesale and retail uses, major services, and other more intense uses than those allowed under the existing Commercial district.
In order to access the nearest arterial roadway, Davis Highway, traffic must utilize Duval and Briskey(Bellamy), which are local streets leading into a neighborhood.
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