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7. A.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: HDMU, High Density Mixed Use district (25 du/acre)
TO: HC/LI-NA, Heavy Commercial Light Industrial district, prohibiting the subsequent establishment of any microbreweries, microdistilleries, microbreweries, bars, nightclubs, or adult entertainment uses (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 MU-U category is ntended for an intense mix of residential and non-residential 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:Residential, retail and services, professional office, light industrial, recreational facilities, public and civic, limited agriculture.
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 the redevelopment in under utilized 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 Heavy Commercial/ Light Industrial is consistent with the intent and purpose of Future Land Use category MU-U, as stated in CPP FLU 1.3.1. Based on the applicants history of the parcel since 2004, it was previously used as an operational pavement striping business, a listed use under the light industrial services of the MU-U FLU category. Redevelopment of this property will promote the efficient use of utilities and infrastructure and redevelopment of an under-utilized property making the proposed use compatible with the intent of CPP FLU 1.5.1. |
| 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.
(e) Location criteria. All new non-residential uses proposed within the HC/LI district that are not part of a planned unit development or 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 street and within one-quarter mile of its intersection with an arterial street.
(2) Site design. Along an arterial street, no more than one-half mile from its intersection with an arterial street, and all of the following site design conditions:
a. Not abutting a RR, LDR or MDR zoning district
b. Any intrusion into a recorded residential subdivision is limited to a corner lot
c. A system of service roads or shared access is provided to the maximum extent feasible given the lot area, lot shape, ownership patterns, and site and street characteristics.
d. 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.
e. Location in an area where already established non-residential uses are otherwise consistent with the HC/LI, 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.
(3) Documented compatibility. A compatibility analysis prepared by the applicant provides competent substantial evidence of unique circumstances regarding the parcel or use that were not anticipated by the alternative criteria, and the proposed use will be able to achieve long-term compatibility with existing and potential uses. Additionally, the following conditions exist:
a. The parcel has not been rezoned by the landowner from the mixed-use, commercial, or industrial zoning assigned by the county.
b. If the parcel is within a county redevelopment district, the use will be consistent with the district’s adopted redevelopment plan, as reviewed and recommended by the Community Redevelopment Agency (CRA).
FINDINGS
The proposed amendment is not consistent with the intent and purpose of the Land Development Code. All new non-residential uses proposed within the Heavy Commercial/Light Industrial district that are not part of a planned unit development or not identified as exempt by the district shall be on parcels that satisfy the location criteria requirements. Fowler Ave is local street which does not meet the location criteria within the Heavy Commercial/Light Industrial district. If the rezoning is approved, it would encourage non-residential uses and more intense uses than allowed in the commercial district. (Please see additional comments and review from Transportation & Traffic Operations(TTO). The applicant did not provide a compatibility analysis for review.
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| 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. Adjacent parcels are zoned high density mixed use residential. Within the 500 foot radius, there are properties with zoning districts Medium-Density Residential, High Density Mixed Use and Conservation. A car towing business across Fowler Ave to the west, one vacant residential parcel, three single-family residences, two parcels with multi-family/ apartments, zoned high density mixed use. The applicant did not provide a compatibility analysis for review. |
| 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 proposed zoning will create spot zoning, based on the LDC definition in Chapter 6, as the requested Heavy Commercial/Light Industrial zoning is different from the zoning of all contiguous land. Site visit reveals the parcel's location about midway between Detroit and Nine Mile Rd, with the northern portion of Fowler near Nine Mile and the southernly portion near Detroit being more commercially developed towards both major intersection. The proposed zoning request would not create a logical zoning transition between the High Density Mixed Use districts and other existing zoning districts in the adjacent area. |
| 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 or have not changed. Based on the applicant, the current commercial uses have existed since 2004. The site is located midway between Detroit Ave and Nine Mile Rd in an area that is currently developed. Allowing a commercial zoning for the property would contribute to commercial development sprawl. The applicant did not provide a compatibility analysis for review.
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