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
Comprehensive Plan (CPP) FLU 1.1.1 Development Consistency. New development and redevelopment in unincorporated Escambia County shall be consistent with the Escambia County Comprehensive Plan and the Future Land Use Map (FLUM).
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 HDMU is consistent with the intent and purpose of Future Land Use category MU-U as stated in CPP FLU 1.3.1. The comp plan allows for a mix of residential and commercial uses in the mixed use urban category, such as professional offices. The parcel will utilize the existing public road, utilities and infrastructures for the area. |
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.
LDC 3-1.6 Compatibility
(a)Generally. Zoning districts provide the primary means to establish and maintain the necessary balance between the needs and interests of different land uses, allowing neighboring uses to coexist successfully in a stable fashion over time, protecting the investments in each. Although zoning separates generally incompatible development, inclusion as a permitted use within a district does not alone ensure compatibility with other district uses.
LDC 3-2.7 MDR, Medium density residential.
Purpose. The Medium Density Residential (MDR) district establishes appropriate areas and land use regulations for residential uses at medium densities within suburban or urban areas. The primary intent of the district is to provide for residential neighborhood development in an efficient urban pattern of well-connected streets and at greater dwelling unit density than the Low Density Residential district. Residential uses within the MDR district are limited to single-family and two-family dwellings. The district allows non-residential uses that are compatible with suburban and urban residential neighborhoods.
Sec 3-2.9 HDMU, High density mixed use
(a) Purpose. The High Density Mixed-use (HDMU) district establishes appropriate areas and land use regulations for a complimentary mix of high density residential uses and compatible non-residential uses within urban areas. The primary intent of the district is to provide for a mix of neighborhood retail sales, services and professional offices with greater dwelling unit density and diversity than the Low Density Mixed-use district. Additionally, the HDMU district is intended to rely on urban street connectivity and encourage vertical mixes of commercial and residential uses within the same building to accommodate a physical pattern of development characteristic of village main streets and older neighborhood commercial areas. Residential uses within the district include all forms of single-family, two-family and multi-family dwellings.
(b) Permitted uses. Permitted uses within the HDMU district are limited to the following:
(1) Residential. The following residential uses are allowed throughout the district, but if within a Commercial (C) future land use category they are permitted only if part of a predominantly commercial development.
a. Group living, excluding dormitories, fraternity and sorority houses, and residential facilities providing substance abuse treatment, post-incarceration reentry, or similar services.
b. Manufactured (mobile) homes, including manufactured home subdivisions, but excluding new or expanded manufactured home parks.
c. Single-family dwellings (other than manufactured homes), detached or attached, including townhouses and zero lot line subdivisions.
d. Two-family and multi-family dwellings.
See also conditional uses in this district.
(2) Retail sales. Small-scale (gross floor area 6000 sq.ft. or less per lot) retail sales, including Low-THC marijuana dispensing facilities, sales of beer and wine, but excluding sales of liquor, automotive fuels, or motor vehicles, and excluding permanent outdoor storage, display, or sales. See also conditional uses in this district.
(3) Retail services. The following small-scale (gross floor area 6000 sq.ft. or less per lot) retail services, excluding outdoor work or permanent outdoor storage:
a. Bed and breakfast inns.
b. Boarding and rooming houses.
c. Child care facilities.
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. Repair services, including appliance repair, furniture refinishing and upholstery, watch and jewelry repair, small engine and motor services, but excluding major motor vehicle or boat service or repair.
g. Restaurants, and brewpubs, including on-premises consumption of alcoholic beverages, but excluding drive-in or drive-through service and brewpubs with distribution of alcoholic beverages for off-site sales.
See also conditional uses in this district.
(4) Public and civic.
a. Preschools and kindergartens.
b. Emergency service facilities, including law enforcement, fire fighting, and medical assistance.
c. Foster care facilities.
d. Places of worship.
e. 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. Agricultural production limited to food primarily for personal consumption by the producer, but no farm animals.
(8) Other uses. [Reserved]
LDC 3-2.9(e)(4) Location criteria. All new non-residential uses proposed within the HDMU district that are not part of a predominantly residential development or a planned unit development, or are not identified as exempt by district regulations, shall be on parcels that satisfy at least one of the following location criteria:
(1) Proximity to intersection. Along an arterial or collector street, and within 200 feet of an intersection with another arterial or collector.
(2) Proximity to traffic generator. Along an arterial or collector street and within a one-quarter mile radius of an individual traffic generator of more than 600 daily trips, such as an apartment complex, military base, college campus, hospital, or shopping mall.
(3) Infill development. Along an arterial or collector street, in an area where already established non-residential uses are otherwise consistent with the HDMU district, and where the new use would constitute infill development of similar intensity as the conforming development on surrounding parcels. Additionally, the location would promote compact development and not contribute to or promote strip commercial development.
(4) Site design. Along an arterial street and at the intersection with a local street that serves to connect the arterial street to another arterial, and all of the following site design conditions:
a. Any intrusion into a recorded residential subdivision is limited to a corner lot
b. Access and stormwater management is shared with adjoining uses or properties to the extent practicable.
c. Adverse impacts to any adjoining residential uses are minimized by placing the more intensive elements of the use (solid waste dumpsters, truck loading/unloading areas, drive-thru facilities, etc.) furthest from the residential uses.
FINDINGS
The proposed amendment is consistent with the intent and purpose of the Land Development Code. Although, the proposed rezoning meets the site design standards within the location criteria, and there are a number of commercial uses along Detroit Blvd, with zoning of HC/LI and HDMU, staff believes the zoning designation of Low density mixed use (LDMU) would be more appropriate. Low Density mixed use will have less of an impact on the neighboring subdivision, allowing 7 dwelling units per acre verses 25 in HDMU, LDMU allows similiar uses as HDMU such as retail sales and retail services, as well as professional offices. The subject parcel is on the corner of Detroit Blvd and Gardenia Circle and part of a recorded subdivision. LDC Sec. 3-2.6(e)(4)(a) states, "any intrusion into a recorded subdivision is limited to a corner lot", the same as HDMU. There will be screening and buffering requirements for the adjacent residential properties that will be addressed during the Site Plan Review process. |