Agenda

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7. C.

Planning Board-Rezoning

Meeting Date:	02/07/2017
CASE : Z-2016-14
APPLICANT:	Billy Glen and Quida F. Wiggins, Owners
ADDRESS:	6000 Blk Highway 4 West
PROPERTY REF. NO.:	08-5N-32-3201-000-000
FUTURE LAND USE:	Rural Community (RC)
DISTRICT:	5
OVERLAY DISTRICT:	NA
BCC MEETING DATE:	03/02/2017

SUBMISSION DATA:

REQUESTED REZONING:

FROM: Agr, Agricultural district (one du/20 acres)

TO: RR, Rural Residential district (one du/four acres)

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

FLU 1.3.1 Future Land Use Categories. General descriptions, range of allowable uses, and residential densities and non-residential intensities for all future land use categories in Escambia County are outlined below.

FLUM Rural Community (RC)
General Description: Intended to recognize existing residential development and neighborhood serving nonresidential activity through a compact development pattern that serves the rural and agricultural areas of Escambia County.

Range of Allowable Uses: Agriculture, silviculture, residential, recreational facilities, public and civic, compact traditional neighborhood supportive commercial.
Standards:
Residential Maximum Density: 2 du/acre
Non-Residential Minimum Intensity: None
Maximum Intensity: 0.25 Floor Area Ratio (FAR)

FLU 3.1.4 Rezoning. Escambia County will protect agriculture and the rural lifestyle of northern Escambia County by permitting re-zonings to districts, allowing for higher residential densities in the Rural Community (RC) future land use category.

FINDINGS
The proposed amendment to RR is consistent with the intent and purpose of Future Land Use category RC, as stated in CPP FLU 1.3.1. The RC FLU is intended to recognize existing residential development and neighborhood serving non-residential activity through a compact development pattern that serves the rural and agricultural areas of Escambia County. Range of Allowable Uses: Agriculture, silviculture, residential, recreational facilities, public and civic,compact traditional neighborhood supportive commercial. The RC FLU, does provide for a transition from the purely agricultural and silvicultural related activities of the AG category; although the range of allowable uses are similar in nature, the RC FLU does identify the need for increased residential development allowances that provide for a maximum of 2 du/acre.

The proposed amendment is consistent with FLU 3.1.4 which discusses the protection of the agricultural nature and the rural lifestyle of northern Escambia County; by directing new development within rural areas, as long as it is compatible with the protection and preservation of such areas. The request for rezoning to obtain higher residential densities within the RC FLU is identified under the rural development policies of the Comprehensive Plan.

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. 3-2.2 Agricultural district (Agr).
(a) Purpose. The Agricultural (Agr) district establishes appropriate areas and land use regulations for the routine agricultural production of plants and animals, and such related uses as silviculture and aquaculture. The primary intent of the district is to avoid the loss of prime farmland to other uses, its division into smaller parcels of multiple owners, and other obstacles to maintaining or assembling sufficient agricultural acreage for efficient large-scale farming. Other than agricultural production, non-residential uses within the Agricultural district are generally limited to rural community uses that directly support agriculture, and to public facilities and services necessary for the basic health, safety, and welfare of a rural population.The absence of urban or suburban infrastructure is intentional. Residential uses within the district are largely self-sustaining, consistent with rural land use and limited infrastructure. Single-family dwellings are allowed at a very low density sufficient for the needs of the district’s farm-based population.

Sec. 3-2.3    Rural Residential district (RR).
(a) Purpose. The Rural Residential (RR) district establishes appropriate areas and land use regulations for low density residential uses and compatible non-residential uses characteristic of rural land development. The primary intent of the district is to provide for residential development at greater density than the Agricultural district on soils least valuable for agricultural production, but continue to support small-scale farming on more productive district lands. The absence of urban and suburban infrastructure is intentional. Residential uses within the RR district are largely self- sustaining and generally limited to detached single-family dwellings on large lots, consistent with rural land use and limited infrastructure. Clustering of smaller residential lots may occur where needed to protect prime farmland from non-agricultural use. The district allows public facilities and services necessary for the basic health, safety, and welfare of a rural population, and other non-residential uses that are compatible with agricultural community character.
(b) Permitted uses. Permitted uses within the RR district are limited to the following:
(1) Residential.
a. Manufactured (mobile) homes, excluding new or expanded manufactured
home parks or subdivisions.
b. Single-family dwellings (other than manufactured homes), detached only, on lots four acres or larger, or on lots a minimum of one acre if clustered to avoid prime farmland.
See also conditional uses in this district.
(2) Retail sales. No retail sales except as permitted agricultural and related uses in this
district.
(3) Retail services. Bed and breakfast inns. No other retail services except as permitted agricultural and related uses or as conditional uses in this district.
(4) Public and civic.
      a. Cemeteries, including family cemeteries.
      b. Clubs, civic or fraternal.
      c. Educational facilities, K-12, on lots one acre or larger.
      d. Emergency service facilities, including law enforcement, fire fighting, and medical assistance.
      e. Funeral establishments.
      f.   Places of worship on lots one acre or larger.
      g. Public utility structures 150 feet or less in height, excluding telecommunications towers.
See also conditional uses in this district.
(5) Recreation and entertainment.
      a. Campgrounds and recreational vehicle parks on lots five acres or larger.
      b. Golf courses, tennis centers, swimming pools and similar active outdoor recreational facilities, including associated
      country clubs.
      c. Marinas, private.
      d. Parks without permanent restrooms or outdoor event lighting.
      e. Passive recreational uses.
See also conditional uses in this district.
(6) Industrial and related. [Reserved]
(7) Agricultural and related.
      a. Agriculture, including raising livestock, storing harvested crops, and cultivation of nursery plants. A minimum of two
acres for keeping any farm animal on site and a maximum of one horse or other domesticated equine per acre.
      b. Aquaculture, marine or freshwater.
      c. Farm equipment and supply stores.
      d. Kennels and animal shelters on lots two acres or larger.
      e. Produce display and sales of fruit, vegetables and similar agricultural products. All structures for such use limited to
      non-residential farm buildings.
      f.   Silviculture.
      g. Stables, public or private, on lots two acres or larger.
      h. Veterinary clinics. A minimum of two acres for boarding animals.
(8) Other uses. [Reserved]

FINDINGS

The proposed amendment is consistent with the intent and purpose of the Land Development Code. The parcel is located on the north side of Highway 4, a minor arterial east-west corridor. The primary intent of the Rural Residential district is to provide for residential development at a greater density than the Agricultural district, on soils least valuable for agricultural production, but continue to support small-scale farming on more productive district lands. Staff analysis of the zoning categories and land uses within the immediate surrounding areas reveals a mixture of agriculture and rural residential uses with a predominance for residential development adjacent to the corridor.

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. Using the 500' radius to analyze the potential impact of the request, staff identified properties within zoning districts Agr and RR. As it is common in the rural areas located in the North part of the County, the parcels identified are mostly large tracks of agricultural, improved or unimproved land; there are five single-family residences, two mobile homes, two vacant residential parcels, two churches, one agricultural residential and four timber designated parcels.

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 impact the amendment or property.

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. Analysis of the existing development on the ground reveals a predominant quantity of RR zoning designated parcels along the Highway 4 corridor, clearly demonstrating the preference for increased residential density and agricultural support operations along the roadways, while at the same time, providing a buffer between the roadway and the larger tracks of land dedicated to agricultural activities. The proposed rezoning to RR would contribute to the zoning district intent, to preserve prime farmland, while providing for residential development on soils least valuable for agricultural production.

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 indicated on the subject property. The parcel is also located within the FEMA Special Flood Hazard Area A, undetermined. 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.

Attachments
Z-2016-14