Agenda

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6. A.

Planning Board-Rezoning

Meeting Date:	02/04/2020
CASE : Z-2020-01
APPLICANT:	Clint Geci, Agent for Kader, Inc., Owner
ADDRESS:	7000 Blk Pine Forest Rd (off)
PROPERTY REF. NO.:	24-1S-31-4302-000-000
FUTURE LAND USE:	MU-U, Mixed-Use Urban
DISTRICT:	1
OVERLAY DISTRICT:	N/A
BCC MEETING DATE:	03/05/2020

SUBMISSION DATA:

REQUESTED REZONING:

FROM: Com, Commercial district (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.

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.

Sec. 3-2.10 Commercial district (Com).

(a) Purpose. The Commercial (Com) district establishes appropriate areas and land use regulations for general commercial activities, especially the retailing of commodities and services. The primary intent of the district is to allow more diverse and intense commercial uses than the neighborhood commercial allowed within the mixed-use districts. To maintain compatibility with surrounding uses, all commercial operations within the Commercial district are limited to the confines of buildings and not allowed to produce undesirable effects on surrounding property. To retain adequate area for commercial activities, new and expanded residential development within the district is limited, consistent with the Commercial (C) future land use category.

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 the applicable FLU and 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.
(b) Permitted uses. Permitted uses within the HC/LI district are limited to the following:
(1) Residential. Any residential uses outside of the Industrial (I) future land use
category but if within the Commercial (C) future land use category (and not the
principal single-family dwelling on an existing lot of record), only as part of a
predominantly commercial development; and excluding new or expanded
manufactured (mobile) home parks and subdivisions. See also conditional uses in
this district.
(2) Retail sales. Retail sales, including Low-THC marijuana dispensing facilities,
sales of alcoholic beverages, sales of automotive fuels, and sales of new and
used automobiles, motorcycles, boats, and manufactured (mobile) homes.
(3) Retail services.
a. Car washes, automatic or manual, full service or self-serve.
b. Child care facilities.
c. Hotels, motels and all other public lodging, including boarding and rooming
houses.
d. Personal services, including those of beauty shops, health clubs, pet groomers,
dry cleaners and tattoo parlors.
e. Professional services, including those of realtors, bankers, accountants,
engineers, architects, dentists, physicians, and attorneys.
f. Rental of automobiles, trucks, utility trailers and recreational vehicles.
g. Repair services, including appliance repair, furniture refinishing and upholstery,
watch and jewelry repair, small engine and motor services, and major motor
vehicle and boat service and repair, but excluding outdoor work or storage.
h. Restaurants and brewpubs, including on-premises consumption of alcoholic
beverages, drive-in and drive-through service, and brewpubs with the distribution
of on-premises produced alcoholic beverages for off-site sales. The parcel
boundary of any restaurant or brewpub with drive-in or drive-through service shall
be at least 200 feet from any LDR or MDR zoning district unless separated by a
50-foot or wider street right-of-way.
i. Taxi and limousine services
See also conditional uses in this district.
(4) Public and civic.
a. Broadcast stations with satellite dishes and antennas, including towers.
b. Cemeteries, including family cemeteries.
c. Community service facilities, including auditoriums, libraries, museums, and
neighborhood centers.
d. Educational facilities, including preschools, K-12, colleges, and vocational
schools.
e. Emergency service facilities, including law enforcement, fire fighting, and
medical assistance.
f. Funeral establishments.
g. Homeless shelters.
h. Hospitals.
i. Offices for government agencies or public utilities.
j. Places of worship.
k. Public utility structures, including telecommunications towers, but excluding
industrial uses not otherwise permitted.
See also conditional uses in this district.
(5) Recreation and entertainment.
a. Commercial entertainment facilities, indoor or outdoor, including movie theatres,
amusement parks, and stadiums, but excluding motorsports facilities.
Carnival-type amusements shall be at least 500 feet from any residential district.
Bars, nightclubs, and adult entertainment are prohibited in areas with the zoning
designation HC/LI-NA or areas zoned ID-CP or ID-1 prior to adoption of HC/LI
zoning.
b. Commercial recreation facilities, passive or active, including those for walking,
hiking, bicycling, camping, recreational vehicles, swimming, skateboarding,
bowling, court games, field sports, and golf, but excluding off-highway vehicle
uses and outdoor shooting ranges. Campgrounds and recreational vehicle parks
require a minimum lot area of five acres.
c. Marinas, private and commercial.
d. Parks, with or without permanent restrooms or outdoor event lighting.
See also conditional uses in this district.
(6) Industrial and related. The following industrial and related uses, except
within MU-S.
a. Light industrial uses, including research and development, printing and binding,
distribution and wholesale warehousing, and manufacturing, all completely within
the confines of buildings and without adverse off-site impacts.
b. Marinas, industrial.
c. Microbreweries, microdistilleries, and microwineries, except in areas with the
zoning designation HC/LI-NA.
See also conditional uses in this district.
(7) Agricultural and related.
a. Food produced primarily for personal consumption by the producer, but no farm
animals.
b. Nurseries and garden centers, including adjoining outdoor storage or display of
plants.
c. Veterinary clinics, excluding outside kennels.
See also conditional uses in this district.
(8) Other uses. Within MU-S, outside storage is permitted only when adequately
screened per LDC regulations.
a. Billboards structures, excluding areas zoned ID-CP, GBD, or GID prior to
adoption of HC/LI zoning.
b. Building or construction trades shops and warehouses, including on-site
outside storage.
c. Bus leasing and rental facilities, not allowed within MU-S.
d. Deposit boxes for donation of used items when placed as an accessory
structure on the site of a charitable organization.
e. Outdoor adjacent display of plants by garden shops and nurseries.
f. Outdoor sales.
g. Outdoor storage of trailered boats and operable recreational vehicles,
excluding repair, overhaul or salvage activities.
h. Parking garages and lots, commercial, not allowed within MU-S.
i. Sales and outdoor display of prefabricated storage sheds.
j. Self-storage facilities, including vehicle rental as an accessory use
(2) HC/LI-NA designation. Any applicant for rezoning to the HC/LI zoning district may request a HC/LI-NA designation prohibiting the subsequent establishment of any microbreweries, microdistilleries, microwineries, bars, nightclubs, or adult entertainment uses on the rezoned property. The request shall be in the form of a notarized affidavit that acknowledges this use restriction and affirms that it is a voluntary request. Once approved according to the rezoning process of Chapter 2, the HC/LI-NA zoning designation and its prohibitions shall apply to the property, regardless of ownership, unless the parcel is rezoned.

FINDINGS
The proposed amendment is consistent with the intent and purpose of the Land Development Code. The parcel is currently wooded and vacant, surrounded by commercial uses, public land and residential. The proposed zoning allows for light manufacturing limited to the confines of buildings, not to produce undesirable effects on other property. The subject parcel is adjacent to HC/LI parcels and if granted, the subject parcel will be an expansion of the current HC/LI property adjoining the subject parcel to the northwest. Access will be off of Pine Forest Rd.

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 compatible with surrounding existing uses in the area. Within the 500 radius impact area, staff observed properties with zoning districts Com, Pub, HCLI, HC/LI-NA, HDMU. The request to HC/LI-NA is to allow the same use as the adjoining site parcel to the northwest, to allow an expansion of the 3.4 (+/-) acre; HC/LI parcel site to the west. To the south and adjacent to the subject parcel, there are many single-family homes which access Nathan Road. The primary access for the subject property is off Pine Forest Rd, and the existing buffering along the southern portion of the property is a requirement for any commercial activity adjacent to residential, which will be reviewed at the time of Site Plan Review.

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 parcel is not considered as spot zoning due to the fact that the same zoning exists and is adjoining the property to the north and west of the subject property.

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
The land uses or development conditions within the area surrounding the property of rezoning have not changed. The request to rezone to HC/LI-NA is in keeping with the existing HC/LI on the adjacent parcels and the request will allow the applicant to use this parcel as a continuation of his parcel adjoing to the northwest.

Attachments
Working Case File