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    6. C.    
Planning Board-Rezoning
Meeting Date: 08/06/2019  
CASE :    Z-2019-10
APPLICANT: Wiley C. "Buddy" Page, agent for Bhupat Patel, owner
ADDRESS: 2425 E Johnson Ave
PROPERTY REF. NO.: 17-1S-30-2100-000-004
FUTURE LAND USE: MU-U, Mixed-Used Urban  
DISTRICT: 4  
OVERLAY DISTRICT: N/A
BCC MEETING DATE: 09/05/2019
SUBMISSION DATA:
REQUESTED REZONING: 

FROM: MDR, Medium Density Residential district (10 du/acre)

TO: HDMU, High Density Mixed-use district (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 (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 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).
CPP FLU 2.1.2 Compact Development. To promote compact development, FLUM amendments and residential rezonings to allow higher residential densities may be allowed in the Mixed-Use Urban (MU-U) and Mixed-Use Suburban (MU-S) future land use categories.

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 MU-U FLU is intended 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. The listed Range of Allowable Uses includes residential, retail and services, professional office, light industrial, recreational facilities, public, civic and limited agriculture. The amendment is also consistent with the intent of FLU 1.5.1 and FLU 2.1.2 by making use of the existing public roads and the availability of utilities and service infrastructure.
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. 3-2.7      Medium Density Residential district (MDR). 
  1. 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      High Density Mixed-use district (HDMU). 
  1. 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.
  2. 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. 
  1. Group living, excluding dormitories, fraternity and sorority houses, and residential facilities providing substance abuse treatment, post-incarceration reentry, or similar services.
  2. Manufactured (mobile) homes, including manufactured home subdivisions, but excluding new or expanded manufactured home parks.
  3. Single-family dwellings (other than manufactured homes), detached or attached, including townhouses and zero lot line subdivisions.
  4. 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 medical 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.
  1. 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:
  1. Bed and breakfast inns.
  2. Boarding and rooming houses.
  3. Child care facilities.
  4. Personal services, including those of beauty shops, health clubs, pet groomers, dry cleaners, and tattoo parlors.
  5. Professional services, including those of realtors, bankers, accountants, engineers, architects, dentists, physicians, and attorneys.
  6. 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.
  7. 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.
  1. Public and civic.
  1. Preschools and kindergartens.
  2. Emergency service facilities, including law enforcement, fire fighting, and medical assistance.
  1. Supp. 20
    Foster care facilities.
  2. Places of worship.
  3. Public utility structures, excluding telecommunications towers.
See also conditional uses in this district.
  1. Recreation and entertainment.
  1. Marinas, private only.
  2. Parks without permanent restrooms or outdoor event lighting.
See also conditional uses in this district.
  1. Industrial and related.  No industrial or related uses.
  2. Agricultural and related. Agricultural production limited to food primarily for personal consumption by the producer, but no farm animals.
  3. Other uses. [Reserved]
  1. Conditional uses.  Through the conditional use process prescribed in Chapter 2, the BOA may conditionally allow the following uses within the HDMU district:
  1. Residential.
    1. Dormitories.
    2. Fraternity and sorority houses.
    3. Manufactured (mobile) home parks.
  2. Retail sales.  Medium-scale (gross floor area greater than 6000 sq.ft. per lot, but no greater than 35,000 sq.ft.) retail sales, including sales of beer and wine and automotive fuels, but excluding sales of motor vehicles and liquor, and excluding permanent outdoor storage, display, or sales.
  3. Retail services.
  1. Medium-scale (gross floor area greater than 6000 sq. ft. per lot, but no greater than 35,000 sq. ft.) retail services, excluding motor vehicle service and repair.
  2. Restaurants and brewpubs with drive-in or drive-through service and brewpubs with the distribution of on-premises produced alcoholic beverages for off-site sales.
  3. Small-scale (gross floor area 6000 sq.ft. or less per lot) major motor vehicle service and repair, excluding painting or body work and outdoor work.
  1. Public and civic.
  1. Broadcast stations with satellite dishes and antennas, excluding towers.
  2. Cemeteries, including family cemeteries.
  3. Clubs, civic and fraternal.
  4. Community service facilities, including auditoriums, libraries, museums, and neighborhood centers.
  5. Cinerators.
  6. Educational facilities not among the permitted uses of the district.
  7. Funeral establishments.
  8. Hospitals.
  9. Offices for government agencies or public utilities.
  10. Public utility structures exceeding the district structure height limit and telecommunications towers of any height, excluding any industrial uses.
  11. Warehousing or maintenance facilities for government agencies or public utilities.
  1. Recreation and entertainment.
  1. Amusement arcade centers and bingo facilities.
  2. Golf courses, tennis centers, swimming pools and similar active outdoor recreational facilities, including associated country clubs.
  3. Parks with permanent restrooms or outdoor event lighting.
  1. Industrial and related.  Microbreweries, microdistilleries, and microwineries
  2. Agricultural and related.
    1. Horses or other domesticated equines kept on site, and stables for such animals, only as a private residential accessory with a minimum lot area of two acres and a maximum of one animal per acre.
    2. Veterinary clinics.
  1. Other uses.
  1. Self-storage facilities with a maximum lot area of one acre and outdoor storage limited to operable motor vehicles and boats.  No vehicle rental.
  2. Structures of permitted uses exceeding the district structure height limit, excluding telecommunications towers.
FINDINGS
The proposed amendment is consistent with the intent and purpose of the Land Development Code. The proposed High Density Mixed-use zoning may be established only within the Mixed-Use Suburban (MU-S), Mixed-Use Urban (MU-U), or Commercial (C) future land use categories. The district is suitable for areas where the intermixing of uses has been the custom, where future uses are uncertain, and some redevelopment is probable. The district is appropriate to provide transitions between areas zoned or used for medium or high density residential and areas zoned or used for commercial.
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 residential existing uses in the area. For any nonresidential uses a compatibility study would have to be approved by the Planning Director during the Site Plan Review Process. Along with the compatibility study being required prior to any land use approval being granted, any non-residential and multi-family residential uses that are proposed would have to comply with any additional requirements such as buffering and screening requirements per the applicable regulatory provisions of Land Development Code prior to any development activities been approved and/or granting of land use approval thru the Site plan/development review process. Thus, the proposed regulations would be necessary to minimize or eliminate adverse impacts on any adjoining residential uses as well provide a more balance approach where existing uses within mixed use development districts can coexist together. Within the 500 radius area, staff observed properties with zoning districts HDMU and MDR and the following uses: Fourty-two single-family residences, one duplex, three mobile homes, a civic lodge,  three offices, and the Ferry Pass Fire Station.
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 requested zoning district would not be considered to be spot zoning as the adjoining parcel to the east is currently zoned HDMU. Along Johnson Ave, there are residential uses and small-scale commercial uses.
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 have not changed. The current request does support the transitional character, uses and intensities of the surrounding areas.

 
Attachments
Working case file10

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