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Growth Management Report 13. 1.
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| BCC Regular Meeting |
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| RECOMMENDATION: |
Recommendation Concerning the Review of the Rezoning Case Heard by the Planning Board on November 5, 2019
That the Board take the following action concerning the rezoning case heard by the Planning Board on November 5, 2019:
- Review and either adopt, modify, or reject the Planning Board’s recommendation for Rezoning Case Z-2019-18 or remand the case back to the Planning Board; and
- Authorize the Chairman to sign the Orders of the Escambia County Board of County Commissioners for the rezoning case that were reviewed.
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Case No.: |
Z-2019-18 |
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Address: |
5404 Bellamy Avenue (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 and Board of County Commissioners.) |
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Property Reference No.: |
35-1S-30-3101-000-000 |
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Property Size: |
3.96 (+/-) acres |
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From: |
Com, Commercial district (25 du/acre) |
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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) |
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FLU Category: |
MU-U, Mixed-Use Urban |
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Commissioner District: |
4 |
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Requested by: |
Wiley C. "Buddy" Page, Agent for Knop Family Trust, Owner |
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Planning Board Recommendation: |
Denial |
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Speakers: |
Buddy Page, Patrick Dwyer, Phil Parekh, Theresa Blackwell, Belinda Bell, Joanne Peele, Melissa Pino, Larry Downs, Jr., Michael Bearden |
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| BACKGROUND: |
The above case was owner initiated and heard at the November 5, 2019, Planning Board meeting. Under the Land Development Code (LDC) Chapter 2, Article 7, “the Board of County Commissioners, at its scheduled hearing shall adopt, modify, or reject the recommendation of the Planning Board or SRIA or return the rezoning case to the board with instructions for additional facts or clarification. The staff of the recommending board shall inform the board of all formal actions taken by the BCC on the rezoning request.
To further the County’s policy of “decreasing response time from notification of citizen needs to ultimate resolution,” the Board is acting on both the approval of the Planning Board recommended order and the LDC Map Amendment for this month’s rezoning cases. This report item addresses only the review and upholding of the Planning Board’s recommendation. The next report item will address the Public Hearing for the LDC Zoning Map Amendment.
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| BUDGETARY IMPACT: |
This action may increase the ad valorem tax base for Escambia County.
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| LEGAL CONSIDERATIONS/SIGN-OFF: |
The recommended order is the result of deliberations by the Planning Board based the applicants presentation of competent substantial evidence for each of the approval conditions, on staff analysis, public testimony, and knowledge of the Comprehensive Plan and Land Development Code as well as case law and Florida Statutes.
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| PERSONNEL: |
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| POLICY/REQUIREMENT FOR BOARD ACTION: |
The Chairman will need to sign the Order of the Escambia County Board of County Commissioners either denying or approving the rezoning request.
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| IMPLEMENTATION/COORDINATION: |
The cases under review are presented to the Planning Board for collection of evidence. The Planning Board conducts a quasi-judicial public hearing and issues a recommended order to the Board of County Commissioners.
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