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7. A.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: MDR, Medium Density Residential district (10 du/acre)
TO: HDR, High Density Residential district (18 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
Comprehensive Plan (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.
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).
FINDINGS
The proposed amendment to HDR is consistent with the intent and purpose of Future Land Use category MU-U as stated in CPP FLU 1.3.1. The Comprehensive Plan allows for residential and non-residential uses in urban areas and support development compatible with the surrounding areas. The parcel will use the existing public roads, utilities and service infrastructures to encourage development. |
| 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.
LDC 3-3.4 Brownsville Overlay Purpose. The Brownsville Overlay (Brn-OL) district establishes supplemental land use regulations to support the objectives of the adopted Brownsville area community redevelopment plan. The intent of the additional land use controls is to enhance the character of an area undergoing revitalization, support existing commercial corridors, and protect the unique and historic character of the Brownsville community.
LDC 3-2.7 Medium Density Residential district (MDR)
- 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.
LDC 3-2.8 High Density Residential district (HDR).
- Purpose. The High Density Residential (HDR) district establishes appropriate areas and land use regulations for residential uses at high densities within 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 and diversity than the Medium Density Residential district. Residential uses within the HDR district include most forms of single-family, two-family and multi-family dwellings. Non-residential uses within the district are limited to those that are compatible with urban residential neighborhoods.
- Permitted uses. Permitted uses within the HDR district are limited to the following:
- Residential.
- Group living, excluding dormitories, fraternity and sorority houses, and residential facilities providing substance abuse treatment, post-incarceration reentry, or similar services.
- Manufactured (mobile) homes only within existing manufactured home parks or subdivisions. No new or expanded manufactured home parks or subdivisions.
- Single-family dwellings (other than manufactured homes), attached or detached, including townhouses and zero lot line subdivisions.
- Two-family and multi-family dwellings.
2.Retail sales. No retail sales, except as conditional uses in this district.
3.Retail services.
- Boarding and rooming houses.
- Child care facilities.
See also conditional uses in this district.
- Public and civic. Public utility structures, excluding telecommunications towers.
See also conditional uses in this district.
- Recreation and entertainment.
- Marina, private.
- Parks without permanent restrooms or outdoor event lighting.
See also conditional uses in this district.
- Industrial and related. No industrial or related uses.
- Agricultural and related. Agricultural production limited to food primarily for personal consumption by the producer, but no farm animals. See also conditional uses in this district.
FINDINGS
The proposed amendment is not consistent with the intent and purpose of the Land Development Code. The proposed zoning to HDR will allow for more intense residential uses and density The HDR zoning would allow for 18 dwelling units compared to the ten dwelling units of the current MDR zoning. The HDR zoning would provide the similiar type of residential neighborhood development utilizing the existing street connectivity with a slight increase in density. The parcel is within the Brownsville Redevelopment Area and CRA has no comments as indicated by the letter attached. |
| 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 not compatible with surrounding existing uses in the area. Within the 500' radius impact area, staff observed properties with zoning districts MDR, HDMU and HC/LI never the less, there are single-family homes throughout the area and one church. HDR zoning will allow for multi-family, and will increase the density from 10 dwelling units an acre to 18. Any new development must come through the Site Plan Review Process. |
| 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. |
| 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
The proposed amendment would not result in a logical and orderly development pattern. The proposed amendment could introduce the multi-family component into the area two-family and multi-family that could diminish the smaller individual lots and increase density to 18 dwelling units per acre.
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 not indicated on the subject property. 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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