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6. B.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: R-5 Urban Residential/Limited Office District, (cumulative) High Density (20 du/acre)
TO: C-2 General Commercial and Light Manufacturing District (cumulative) (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.
CPP FLU 1.5.3 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 C-2 is consistent with the intent and purpose of Future Land Use category MU-U as stated in CPP FLU 1.3.1.MU-U is intended for an intense mix of residential and nonresidential uses while promoting compatible infill development. In this case, the existing commercial use on site pre-dates much of the surrounding uses, and the residential uses are the compatible infill development.
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| 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.
6.05.12. R-5 Urban Residential/Limited Office District, (cumulative) high density.
This district is intended to provide for high density urban residential uses and compatible professional office development, and designed to encourage the establishment and maintenance of a suitable higher density residential environment and low intensity services. These uses form a transition area between lower density residential and commercial development.
6.05.16. 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.).
7.01.06. Buffering between zoning districts and uses. A. Zoning districts. The following spatial relationships between zoning districts require a buffer: 3. C-1, C-1PK, C-2 GBD or GMD districts, where they are adjacent to single-family or two-family districts (RR, SDD, R-1, R-1PK, R-2, R-2PK, R-3, V-1, V-2, V-3, V-5, VR-1, VR-2, PUD) or multiple-family and office districts (R-3PK, R-4, R-5, R-6, V-4, VM-1, VM-2, PUD), or agricultural districts (AG and VAG). 4. ID-P, ID-1, ID-2, GID districts, where adjacent to residential, commercial, agricultural or SDD districts. B. Land uses. The following relationships between land uses require a buffer: 1. Multiple-family, zero lot line or office uses, where they are adjacent to single-family or two-family uses. 2. Commercial land uses, where they are adjacent to residential uses. 3. Industrial land uses, where they are adjacent to residential, office, agricultural or commercial uses.
7.20.03. Exemptions. Exemptions to the roadway requirements may be granted by the DRC or RHE if one or more of the following conditions are met:
B. Infill development. In areas where over 50 percent of a block is either zoned or used for commercial development, new commercial development or zoning may be considered without being consistent with the roadway requirements. The intensity of the proposed development or new zoning district must be of a comparable intensity of the zoning and development on the surrounding parcels. Typically, a block is defined as the road frontage on one side of a street between two public rights-of-way. Exceptions will be considered on a case-by-case basis and must be supported by competent and substantial evidence that the proposed rezoning will accomplish infill development. The evidence must show that the proposed development or rezoning will promote compact commercial development and will not promote ribbon commercial development.
FINDINGS
The proposed amendment to C-2 is not consistent with the intent and purpose of the Land Development Code as it would create spot zoning and require exemption to the roadway requirements. While the proposed zoning category and the existing commercial use are not consistent, the use is a legal non-conforming use. That use predates the LDC and much of the surrounding uses. The rezoning is being sought as a precaution in the sale of the property, meant to bring the zoning into compliance with the existing use. The location and nature of the site present significant difficulties for commercial development and would preclude many allowable C-2 uses.
LDC Article 7.20.03 provides for exemptions to the locational criteria in cases where more than 50% of the block is either zoned or used for commercial development. Staff identifies the block in this case to be the properties fronting the South side of Fenwick Rd. between Memphis Ave. and Sondu Ave. Just over 53% of that block is commercial development and has been for many years. The proposed amendment does meet the requirements for this exemption. |
| 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(s).
FINDINGS
The proposed amendment to C-2 is not compatible with surrounding existing uses in the area.
Within the 500’ radius impact area, staff observed properties with zoning districts R-2, R-3 and R-5. There are 44 single-family residences, 10 mobile homes, 2 vacant properties, 1 utility site, and 2 commercial properties.
From the background and historical analysis of the parcel in question, there have been commercial operations associated with the site prior to the R-5 zoning classification; regardless of that, it is evident from the zoning and existing land use maps that the parcel is surrounded by residential development. While these are disparate uses, the effects of the commercial use can be alleviated through design standards. Any new development, if the proposed zoning designation is approved, will be governed by a codified set of screening and buffering standards specific to the use and intensity proposed. These requirements shall be required to lessen the severity of any potential adverse impacts as well as foster and promote a harmonious relationship for a broad range of commercial uses. |
| CRITERION (4) |
Changed conditions.
Whether and the extent to which there are any changed conditions that impact the amendment or property(s).
FINDINGS
Staff research of historical aerial photography shows the rezoning site and adjacent pit as an active concern as far back as 1976. While there are 4 platted residential subdivisions within the 500' radius, the commercial activity on the subject site pre-dates at least one plat and many homes in the other subdivisions. |
| 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. The Escambia County Soil Survey classifies the site as an existing open excavation pit. 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
While the proposed amendment would not result in an orderly zoning pattern and would create spot zoning, it would resolve the legal non-conformity status of the site and existing use. |
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