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7. B.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: MDR, Medium Density Residential district (ten du/acre)
TO: Com, Commercial (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 Suburban (MU-S) Future Land Use (FLU) category is intended for a mix of residential and nonresidential uses while promoting compatible infill development and the separation of urban and suburban land uses. Range of allowable uses include:
Residential, Retail and Services, Professional Office, Recreational Facilities, Public and Civic. The maximum residential density is twenty five dwelling units per acre.
FLU 1.1.9 Buffering. In the LDC, Escambia County shall ensure the compatibility of adjacent land uses by requiring buffers designed to protect lower intensity uses from more intensive uses, such as residential from commercial. Buffers shall also
be used to protect agricultural activities from the disruptive impacts of nonagricultural land uses and protect nonagricultural uses from normal agricultural activities.
FINDINGS
The proposed amendment to Com is consistent with the intent and purpose of Future Land Use category MU-S as stated in CPP FLU 1.3.1 which allowes a mix of residential and non-residential uses. Buffering will be required to protect the residential uses from the more intense commercial activites, which will be reviewed during the site plan review process. |
| Criterion b., LDC Sec. 2-7.2(b)(4) |
Consistent with The Land Development Code
The proposed zoning is not consistent with the purpose and intent and with any other zoning establishment provisions prescribed by the proposed district in Chapter 3.
Sec. 3-2.7 Medium Density Residential district (MDR).
(a) 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 Sect. 3-2.10 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
LDC 3-2.10 Location criteria. All new non-residential uses proposed within the Commercial district that are not part of a planned unit development or not identified as exempt by the district 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 one-quarter mile of its intersection with an arterial street.
(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, shopping mall or similar generator.
(3) Infill development. Along an arterial or collector street, in an area where already established non-residential uses are otherwise consistent with the Commercial 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 or collector street, no more than one-half mile from its intersection with an arterial or collector street, not abutting a single-familyresidential zoning district (RR, LDR or MDR), and all of the following site design
conditions:
a. Any Intrusion into a recorded subdivision is limited to a corner lot.
b. A system of service roads or shared access is provided to the maximum extent made feasible by lot area, shape, ownership patterns, and site and street characteristics.
c. Adverse impacts to any adjoining residential uses are minimized by placing the more intensive elements of the use, such as solid waste dumpsters and truck loading/unloading areas, furthest from the residential uses.
FINDINGS
The proposed amendment is not consistent with the intent and purpose of the Land Development Code due to the following reasons below.
The requested zoning to commercial would allow uses ranging from neighborhood commercial to light industrial and the intent of the MDR zoning is to allow for residential neighborhood development limited to single-family and two-family dwellings.
Further more, the site and building requirements for Commercial will be a substantial increase in density from 10 dwelling units per acre to 25 dwelling units per acre.
The property has addressed street frontage along Halcyon, a local roadway with the southern portion of the property facing Lillian highway, an arterial roadway. Although the property is within one quarter mile of its intersection with Bauer road, the roadway classification for Bauer is a collector not arterial as noted in LDC 3-2.10(e)(1). If the request to commercial is approved, this would allow for intense commercial activity to ingress/egress the local road currently utilized by an existing residential neighborhood. The majority of parcels adjacent to and around the subject property are zoned MDR. There are four commercially zoned parcels and two parcels of HDMU located across Lillian, there are four HDMU parcels adjacent to and to the west of the property. There is Crown Pointe, a residential subdivision to the east, zoned HC/LI. Vacant parcels would not count towards infill, as their uses are subject to their zoning designation.
There isn't enough commercial developments in the area to consider the change to be infill as listed in the criteria in 3-2.10(e)(3). It is however within proximity to a traffic generator as stated in the memo from Transportation and Traffic Operations Department, however it is not consistent with the intent and purpose and other provisions listed in the Land Development Code .
A commercial use would not be similar in intensity or density to the surrounding residential parcels, contributing to strip commercial development and create adverse impacts on the residence in this area. |
| 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 not compatible with surrounding existing uses in the area.
Within the 500 radius impact area, staff observed properties with zoning districts MDR, HDMU, Com, and HC/LI. There are single-family, a church, a commerce park consisting of retail sales and services. and vacant parcels in the area of the subject property. While there are HC/LI zoned parcels to the east, the use is residential in the form of a platted subdivision. The request to commercial would be a substantial upzoning that will impact the well established residential development. Being that the surrounding uses are primarily residential, changing the subjet property to commercial would not be compatible to the current zoning of MDR. |
| 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 request to change the zoning to Commercial is spot zoning due to the fact adjacent parcels are currently zoned MDR and HDMU, with the only commercial zoning across Lillian Highway to the south. A request to change the zoning to commercial would substantially increase the density more than the adjacent properties and would not be transitional in character. Commercial zoning provides transitions between areas zoned or used as high density mixed-use, heavy commercial , or industrial, which is not dominate in the area. Commercial zoning would allow more intense uses not allowed by parcels of residential zoning, therefore the request to commercial would not contribute to a logical and orderly development. |
| 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
There has been no change or additions to the land uses or in the area surrounding the the subject property and allowing the request to Commercial will allow more intense development for the surrounding residential uses, contributing to urban sprawl. |
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