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7. A.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: Ind, Industrial district (du density limited to vested residential development)
TO: LDR, Low Density Residential district (four 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
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
Comp Plan Policy (CPP) FLU 1.3.1 Future Land Use Categories.
The Industrial (I) Future Land Use (FLU) category is intended for a mix of industrial development and ancillary office and commercial uses that are deemed to be compatible with adjacent or nearby properties. Industrial areas shall facilitate continued industrial operations within the County and provide jobs and employment security for present and future residents. Range of allowable uses include: Light to Intensive Industrial, Ancillary Retail and Office, No new residential development is allowed.
The Mixed-Use Suburban (MU-S) Future Land Use (FLU) category is intended for a mix of residential and nonresidential uses while promoting compatible infill development and the separation of urban and suburban land uses. Range of allowable uses include: Residential, Retail and Services, Professional Office, Recreational Facilities, Public and Civic. The maximum residential density is twenty five dwelling units per acre.
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 the redevelopment in underutilized properties to maximize development densities and intensities located in the MU-S, MU-U, Commercial, and Industrial Future Land Use categories (with the exception of residential development).
OBJ MOB 1.4 Corridor Preservation
Provide for the protection of existing and future rights-of-way from encroachment by including appropriate regulations for standard right-of-way, setback regulations, density and intensity regulation, right-of-way, and scenic roadway designation within the provisions of the LDC.
MOB 1.4.1 Proposed Transportation Corridors. Escambia County will make efforts to inform the public about the location of proposed transportation corridors. Such proposed transportation corridors are to be initially designated in this section, the adopted TPO’s Cost Feasible Plan, the proposed or adopted County Capital Improvement Plan, or in any proposed or adopted Development of Regional Impact (DRI) or development plan. Transportation corridor protection regulations will be incorporated in the LDC. The Beulah Expressway is designated as a proposed transportation corridor. Maps and descriptions of the proposed north/south corridor and the east/west connecting corridors are on file as Exhibits A and B to Ordinance 2007-02D.
FINDINGS
The proposed amendment to LDR is not consistent with the current Industrial (I) FLU at this time. The applicant is currently requesting a FLUM amendment from I to MU-S and if the FLUM amendment is approved, the requested zoning of LDR will be compatible with the MU-S designation as the proposed Large Scale LSA-2016-03 to Mixed-Use Suburban (MU-S) Future Land Use (FLU) category is stated in CPP FLU 1.3.1. The current FLU I, does not allow for residential uses, but the proposed MU-S development is compatible to surrounding properties, which allows for residential uses.
The subject parcel had a FLU change from MU-S to I case number LSA-2014-02 (14-3ESR) in 2014. Also the parcel was rezoned from Villages Agricultural District (VAG-2), to General Industrial District (ID-2), case number Z-2014-12 on September 4, 2014. |
| 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. 3-2.5 Low Density Residential district (LDR).
(a) Purpose. The Low Density Residential (LDR) district establishes appropriate areas and land use regulations for residential uses at low densities within suburban areas. The primary intent of the district is to provide for large-lot suburban type residential neighborhood development that blends aspects of rural openness with the benefits of urban street connectivity, and at greater density than the Rural Residential district. Residential uses within the LDR district are predominantly detached single-family dwellings. Clustering dwellings on smaller residential lots may occur where needed to protect prime farmland from non-agricultural use or to conserve and protect environmentally sensitive areas. The district allows non-residential uses that are compatible with suburban residential neighborhoods and the natural resources of the area.
(b) Permitted uses. Permitted uses within the LDR district are limited to the following:
(1) Residential.
a. Manufactured (mobile) homes only within existing manufactured home parks or subdivisions, or on land zoned SDD prior to adoption of LDR zoning. No new or expanded manufactured home parks or subdivisions.
b. Single-family dwellings (other than manufactured homes), detached and only one per lot, excluding accessory dwellings. Accessory dwellings only on lots two acres or larger. Attached single-family dwellings and zero lot line subdivision only on land zoned V-5 or SDD prior to adoption of LDR zoning.
c. Two-family dwellings and multi-family dwellings up to four units per dwelling (triplex and quadruplex) only on land zoned V-5 or SDD prior to adoption of LDR zoning.
See also conditional uses in this district.
(2) Retail sales. No retail sales.
(3) Retail services. No retail services.
(4) Public and civic.
a. Cemeteries, family only.
b. Public utility structures, excluding telecommunications towers.
See also conditional uses in this district.
(5) Recreation and entertainment.
a. Marinas, private only.
b. Parks without permanent restrooms or outdoor event lighting.
See also conditional uses in this district.
(6) Industrial and related. No industrial or related uses.
(7) Agricultural and related. On land not zoned SDD prior to adoption of LDR zoning, agricultural production and storage is limited to food primarily for personal consumption by the producer. The following additional agricultural uses are allowed on lands zoned SDD prior to LDR zoning:
a. Agriculture, but no farm animals except horses and other domesticated equines kept on site, and stables for such animals, accessory to a private residential use with a minimum lot area of two acres and a maximum of one animal per acre.
b. Aquaculture, marine or freshwater.
c. Produce display and sales of fruit, vegetables and similar agricultural products.
d. Silviculture.
FINDINGS
The proposed amendment is consistent with the intent and purpose of the LDC. As per LDC 3-2.5, LDR allows residential uses, no retail sales or services, no industrial uses, which is compatible with the MU-S FLU.
The following language is from an excerpt from the interoffice memorandum comments provided by the County’s Transportation and Traffic Operations (TTO) Division staff:
TTO Staff has reviewed the Large Scale Amendment (LSA)-2016-03 and Rezoning Case (Z)-2016-11, Beulah Road at I-10, agenda item for the upcoming Planning Board meeting scheduled for February 7, 2017. Please see the below comments.
Upon review of LSA-2016-03 and Z-2016-11, TTO Staff provides the following information regarding an existing programmed regional and local transportation project commonly known as the Escambia County Beulah Beltway / I-10 Interchange Project (Project). This project is expected to impact the subject site, as well as potentially other properties within the vicinity once the project moves into the future Right-Of-Way and Construction Phases. The Project limits as identified in the Florida-Alabama Transportation Planning Organization Long Range Transportation Plan begins at the Nine Mile Road at the southern most termini, extends north along Beulah Road to Interstate 10, then further north to US29 (in the Quintette Road vicinity).
The Project was initiated in 2007 following the inception of the Escambia County Midwest Optional Sector Plan (Sector Plan) that justified the need for a new “limited access roadway with Interstate Interchange.” County Staff, through Planning Board and Board of County Commission approval, then instituted a Corridor Preservation Ordinance found in the Escambia County Comprehensive Plan and Land Development Code (LDC Ordinance 2007-81) in efforts to minimize the local financial lift once the Project moved into the Right-Of-Way Acquisition and subsequent Construction Phase. Due to the infancy of the Sector Plan and without any substantial data or results of the necessary Corridor Selection Study, the Ordinance created a 300’ Preservation Overlay for the future roadway. However, the County is currently finalizing the Corridor Selection Study, and recently received the proposed typical cross sections / right-of-way widths needed for the future roadway; the consultants are recommending two different cross sections. The width proposed for the North Segment (I-10 north to US29) is 225’, and the width proposed for the South Segment (Nine Mile Road to I-10) is 104.5’. It is the South Segment specifically abuts the subject site. Attached is the document detailing the cross sections.
In conclusion, TTO Staff recognizes that, though LDC Ordinance 2007-81 details a 300’ Preservation Overlay, in receipt of the proposed cross sections that the need to preserve 300’ for the South Segment seems unjustified at this point. TTO Staff recommends that the Planning Board and Board of County Commissioners consider directing Staff to amend the Ordinance upon completion of the Corridor Selection Study (expected for completion Summer 2017). TTO Staff does not oppose the map amendment or rezoning, only if the Boards would consider reducing the 300’ preservation width to a width of 104.5’ for the South Segment.
Please note that TTO’s review is solely based off the application submittal packet, so the comments above hold no bearing on future TTO comments during the Development Review process.
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| 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 LDR and RMU. The proposed amendment would be consistent with the surrounding uses and coexist without producing negative impacts on the neighboring properties. Rezoning the parcel to LDR would allow residential development which would be compatible to the single family homes that exist in the area instead of industrial type businesses which may cause more noise, dust and overall nuisance to the adjoining neighbors. Density and intensity would be decreased in the area through the rezoning from Ind to LDR. |
| 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(s). The subject parcel had a FLU change from MU-S to I, case number LSA-2014-02 (14-3ESR) in 2014. Also the parcel was rezoned from Villages Agricultural District (VAG-2), to General Industrial District (ID-2), case number Z-2014-12 on September 4, 2014. |
| 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
Based on the location of the parcel, the current zoning maps and the surrounding existing land uses, the proposed amendment would result in a logical and orderly development pattern. The large 56.08± acre parcel would allow for residential single family homes, which would be considered a less impact than a Industrial zoned property. A development along Isaacs Lane and Interstate-10 gives the site a close proximity to the interstate maximizing the use of existing roads and infrastructure. With the Detail Specific Area Plan (DSAP) area north of the interstate and zoned for industrial type uses already, the rezoning would have a good mix of development that is close to the interstate to maximize economic development.
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 applicant has provided a wetlands survey that identifies and delineates existing wetlands within the site. The applicant is also in the process of obtaining all required permits and implementing all necessary mitigation activities as dictated by the responsible Federal and State agencies. 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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