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6. A.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: C-1, Retail Commercial District (cumulative) (25 du/acre)
TO: C-2NA, General Commercial & Light Manufacturing District (cumulative) Bars, Nightclubs, and Adult Entertainment are prohibited 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)
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| CRITERION (1) |
Consistent with the Comprehensive Plan.
Whether the proposed amendment is consistent with the Comprehensive Plan.
Comprehensive Plan (CPP) FLU 1.1.1 Development Consistency. New development and redevelopment in unincorporated Escambia County shall be consistent with the Escambia County Comprehensive Plan and the Future Land Use Map (FLUM).
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 minimum residential density is 3.5 dwelling units per acre and the maximum residential density is 25 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 C-2NA is consistent with the intent and purpose of Future Land Use category Mixed-Use Urban as stated in CPP FLU 1.3.1. Mixed-Use Urban Future Land Use category allows for a mix of residential and commercial uses promoting infill development with such developments as retail, professional offices as well as light Industrial uses. |
| CRITERION (2) |
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.
6.05.14. C-1 Retail Commercial District (cumulative). This district is composed of lands and structures used primarily to provide for the retailing of commodities and the furnishing of selected services. The district provides for various commercial operations where all such operations are within the confines of the building and do not produce undesirable effects on nearby property. New residential uses located in a commercial FLU category are only permitted as part of a predominantly commercial development in accordance with Policy FLU 1.3.1 of the Comprehensive Plan.
C-2NA, C-2 General Commercial and Light Manufacturing District (cumulative). This district is composed of certain land and structures used to provide for the wholesaling and retailing of commodities and the furnishing of several major services and selected trade shops. The district also provides for operations entailing manufacturing, fabrication and assembly operations where all such operations are within the confines of the building and do not produce excessive noise, vibration, dust, smoke, fumes or excessive glare. Outside storage is allowed with adequate screening being provided (see section 7.01.06.E.).
Spot zoning. Rezoning of a lot or parcel of land that will create an isolated zoning district that may be incompatible with the adjacent and nearby zoning districts and uses, or as spot zoning is otherwise defined by Florida law.
FINDINGS
The proposed amendment is not consistent with the intent and purpose of the Land Development Code. The C-2NA zoning designation allows for the same uses as C-2 with the exception of bars, nightclubs, and adult entertainment, which are prohibited uses. Although the subject parcel fronts an arterial roadway along with other commercial businesses, the neighboring and adjacent uses are not as intense as the C2NA zoning would allow. Staff does recognize the existing non-conforming C-2 use on the adjacent parcel, however the predominent uses in the area are C-1 type uses, therefore the request could be considered as spot zoning. |
| CRITERION (3) |
Compatible with surrounding uses.
Whether and the extent to which the proposed amendment is compatible with existing and proposed uses in the area of the subject property.
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 C-1, R-6, R-5 and R-3. There were 3 day cares,4 commercial businesses, 1 church, 2 vacant parcels and 29 residential homes. The property is located an arterial roadway where existing commercial development is established, however the proposed amendment would allow more intense uses regardless of any existing non-conforming uses in the area. |
| CRITERION (4) |
Changed conditions.
Whether and the extent to which there are any changed conditions that impact the amendment or property.
FINDINGS
Staff found no changed conditions that would impact the amendment or property. |
| CRITERION (5) |
Effect on natural environment.
Whether and the extent to which the proposed amendment would result in 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.
CRITERION (6)
Development patterns.
Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern.
FINDINGS
The proposed amendment would not result in a logical and orderly development pattern because within the allowable uses of the C-2NA zoning the most intense uses would be manufacturing, fabrication and assembly type operations. C2NA would allow outside storage which is not compatible with predominantly C-1 zoning designation that currently exists in the area of the subject parcel. In C-1, any permitted use that requires minor outside storage must have conditional use approval and only be in the rear yard if covered and adequate screening is provided. |
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