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6. B.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: MDR, Medium Density Residential district (10 du/acre) and
LDR, Low Density Residential district (four du/acre)
TO: MDR, Medium Density Residential district (10 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.
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 MDR is consistent with the intent and purpose of Future Land Use category MU-S. As stated in CPP FLU 1.3.1. , Mixed -Use Suburban allowes for a mix of residential and non-residential uses. The property has access to existing infrastructure and roads. |
| 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. 3-2.5 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.
Sec. 3-2.7 MDR, Medium Density Residential.
(a) Purpose. The Medium Density Residential (MDR) district establishes
appropriate areas and land use regulations for residential uses at medium
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.
(b) Permitted uses. Permitted uses within the MDR district are limited to the
following:
(1) Residential.
a. Manufactured (mobile) homes only within manufactured home parks or
subdivisions. No new or expanded manufactured home parks, and new or
expanded manufactured home subdivisions only on land zoned V-4 prior to
adoption of MDR zoning.
b. Single-family dwellings (other than manufactured homes), detached and only
one per lot, excluding accessory dwellings. Accessory dwellings only on lots one
acre or larger. Attached single-family dwellings and zero lot line subdivisions only
on land zoned R-3 or V-4 prior to adoption of MDR zoning.
c. Two-family dwellings only on land zoned R-3 or V-4 prior to adoption of MDR
zoning, and multi-family dwellings up to four units per dwelling (quadruplex) only
on land zoned V-4 prior to MDR zoning.
See also conditional uses in this district.
(2) Retail sales. No retail sales.
(3) Retail services. No retail services. See conditional uses in this district.
(4) Public and civic. Public utility structures, excluding telecommunications
towers. See also conditional uses in this district.
(5) Recreation and entertainment.
a. Marinas, private.
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.
See also conditional uses in this district.
FINDINGS
The proposed amendment to MDR is consistent with the intent and purpose of the Land Development Code. The applicant is requesting the MDR zoning designation for this 4.5± acres parcel that is currently split zoned LDR/MDR. The majority of the parcel is zoned LDR, which provides a limited range of uses and intensities that are included within the allowances of the requested MDR zoning district. A review of the current zoning map, as it relates to the parcel in question, shows that the property is surrounded by LDR and MDR zoning. MDR would allow for 10 dwelling units per acre versus LDR's four dwellings per acre and a lot width difference of 50 feet for MDR versus 60 feet for LDR. MDR zoning will only allow for single family dwellings to be constructed no apartments or commercial uses would be allowed. MDR zoning is the most compatible up zoning change for any existing LDR property. |
| 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' mailing radius, staff observed properties with zoning districts LDR, MDR, HDMU and Commercial. Nearby land uses are single family residential, a mobile home park and Blue Angels Elementary, all with similar densities and intensities, making the proposed development consistent with surrounding uses. |
| 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
Staff determines that the granting the rezoning request from LDR/MDR to MDR would not be considered or reinforce spot zoning as defined in the LDC. The adjacent and nearby properties are zoned LDR and MDR which would be consistant with the request for MDR zoning. |
| 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 properties have not changed. The development within the area has remained low to mid-density residential. As the parcel proposed for rezoning to MDR, the potential uses, densities and intensities allowed by that district would be compatible with the existing surrounding development patterns. The proposed
amendment would not create or contribute to urban sprawl.
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