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7. A.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: Agr, Agricultural district (one du/20 acres)
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
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.
The proposed parcel is located within the boundaries of the adopted Escambia County Mid-West Sector Plan, Muscogee Detailed Specific Area Plan (DSAP); upon adoption of the Plan, the Future Land Use category for the parcel was designated as shown in the Final Land Use Plan, Figure 2.01A, of the adopted Mid-West Sector Plan. Therefore, development requirements and compatibility of the underliying proposed zoning with the designated Land Use Plan for the parcel must be maintained. The Land Use Plan identifies the parcel area as Conservation Neighborhood.
GOAL FLU 16 MID-WEST ESCAMBIA COUNTY OPTIONAL SECTOR PLAN
Escambia County shall utilize the Optional Sector Plan process to encourage cohesive and
sustainable development patterns within central Escambia County, emphasizing urban form and the protection of regional resources and facilities.
FLU 16.3.2 Local and collector streets, sidewalks, bike lanes and multi-use paths shall contribute
to a system of fully-connected and attractive routes from individual neighborhoods to neighborhood, village, town and employment centers. Their design should encourage pedestrian and bicycle use by being spatially defined by buildings, trees, and lighting; and by discouraging high speed vehicular traffic.
OBJ FLU 16.5 Community Design
Adopt development guidelines that implement the community design principles of the Optional Sector Plan area.
Section 3.03 Conservation Neighborhood Guidelines
A. General Description
Conservation Neighborhoods are located greater than ½ mile from Town, Village and Neighborhood Centers and are typically located in more rural areas of the DSAP. They are subdivisions of clustered, single-family dwellings intended to:
• Establish a more efficient use of land and infrastructure, thereby reducing costs to taxpayers, residents and developers.
• Offer landowners alternatives to conventional, large-lot development and incentivize the conservation of natural resources.
• Create usable and accessible open space for use by neighborhood residents.
• Contribute to an overall, interconnected open space system which links individual neighborhoods to parks and other publicly owned lands.
FINDINGS
The proposed amendment to Low-Density Residential is consistent with the intent and purpose of DSAP Land Use Plan category Conservation Neighborhood, as stated in Goal FLU 16. The parcel in question is located under the M-25 and M-26 areas, as depicted in Figure 2.01.A, Final Land Use Plan of the DSAP. For the purpose of allowed density those areas have designated specific development numbers, as shown, under the Program Calculations in Section 2.02, Development Program of the Muscogee DSAP.
Should the amendment be approved, any proposed development on-site will be required to address and meet the residential design guidelines and standards, as specified in the Plan, Section 3.02, Residential Guidelines and Section 3.03, Conservation Neighborhood Guidelines. If approved, the amendment would ensure the compatibility of the underlying zoning with the designated Land Use Plan. |
| 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. 3-2.2 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. 3-2.5 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.
FINDINGS
The proposed amendment is consistent with the intent and purpose of the Land Development Code. The LDR zoning district allowances are compatible with the DSAP Land Use designation of Conservation Neighborhood. There is no proposed development for the parcel at this time; when development is proposed, the maximum residential density of 3 du/acre will be implemented, as stated in Section 3.03 Conservation Neighborhood Guidelines.
Permitted uses include detached housing, as well as those uses listed in the specific zoning category, schools, civic use, open space and parks. Development shall be arranged in compact, neighborhood clusters; sites may contain multiple neighborhood clusters provided they are separated by open space. At least fifty (50) percent of the gross land area of a proposed subdivision shall be designated as undivided, permanently protected open space, managed for either agriculture or conservation purposes, and on which the underlying development rights of the open space have been severed through a legal instrument that runs with the land. More specific design details are listed under the Residential Guidelines of the DSAP, Section 3.02.
If the parcel, regardless of size, is used solely for the construction of a single homestead residence, then all of the underlying zoning guidelines will apply. |
| 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 area, staff observed properties within zoning districts Agr, LDR and MDR. All properties within the DSAP boundary and surrounding the parcel are designated under the Conservation Neighborhood Land Use. Five single-family residences, two improved agricultural residential parcels, three large timber parcels, one vacant commercial parcel and one gas utility company parcel. |
| 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 under the adopted Mid-West Ecambia County Sector Plan, as such, the Detailed Specific Area Plan Guidelines identify both location and uses that are compatible with the Goals and Objectives of the Sector Plan, and therefore, not considered spot zoning. Based on the community design principles used to develop the plan, the specific location was pre-determined and assigned a Conservation Neighborhood Land Use. |
| 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 changed. The adoption of the Mid-West Sector Plan, a long-range planning document, provides for cohesive and sustainable development patterns within Central Escambia County, emphasizing urban form and the protection of regional resources and facilities. The site designation under the Land Use Plan Conservation Neighborhood, fulfills the development guidelines under the community design principles and supports the adopted Goals, Objectives and Policies of the Sector Plan. |
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