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    5. A.    
Planning Board-Rezoning
Meeting Date: 09/09/2013  
CASE :    Z-2013-17
APPLICANT: Brad McLaughlin, Agent for DDJ Land Company, Owners
ADDRESS: 900 Jacks Branch Road
PROPERTY REF. NO.: 05-1N-31-1100-000-000
FUTURE LAND USE: AG, RC  
DISTRICT: 5  
OVERLAY DISTRICT: OPTIONAL SECTOR PLAN-JACKS BRANCH DSAP
BCC MEETING DATE: 10/03/2013

SUBMISSION DATA:
REQUESTED REZONING:

FROM: VAG-1, Villages Agriculture District, Gross Density (five du/acre per 100 acres on one-acre parcels)

TO: R-3, One-Family and Two-Family District, (cumulative) Medium Density (ten du/acre);
       R-4, Multiple-Family District, (cumulative)  Medium High Density (18 du/acre);
       V-5, Villages Clustered Residential District, Gross Density (four du/acre, if sewered and clustered) Gross Density (one du/acre, if unsewered) and
       C-1, Retail Commercial 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)
CRITERION (1)
Consistent with the Comprehensive Plan.
Whether the proposed amendment is consistent with the Comprehensive Plan.

FLU 5.5.1 The OSP shall contain mixed-use town, village and neighborhood centers. The location of these centers shall be generally consistent with the conceptual long- term build-out overlay. The intent of these centers is to provide recreation, retail, service, and employment opportunities within close proximity to residential neighborhoods.

FLU 5.5.2 The OSP shall contain a mixture of residential neighborhoods that vary in regards to dwelling unit type and density. The location of these neighborhoods shall be generally consistent with the conceptual long-term build-out overlay.

FLU 5.6.3 Once a DSAP is adopted by the Board of County Commissioners, all applications for development approval (i.e., lot splits, special exceptions, variances) under the existing zoning shall be evaluated for compatibility with the adopted DSAP.

FINDINGS

As requested and based on the map provided by the applicant, (Exhibit C) the following zoning categories by acreage will result:
Area#1- 74.37 acres from VAG-1 to R-4 under the Traditional Village designation
Area#2- 440.32 acres from VAG-1 to C-1 under the Town Center designation
Area#3- 152.29 acres from VAG-1 to V-5 under the Conservation Neighborhood designation
Area#4- 107.82 acres from VAG-1 to R-3 under the Suburban Garden designation
Area#5- 26.98 acres from VAG-1 to R-3 under the Traditional Garden designation

The proposed amendment to C-1 is consistent with intent of Comprehensive Plan Policy (CPP) FLU 5.5.1 by allowing retail, service, and employment opportunities within close proximity to residential neighborhoods. The applicant's request to C-1 for approximately 440.32 +/- acres of the parcel does provide for the allowed uses and intensities listed under the Town Center designation, as depicted on the Detailed Specific Area Plan (DSAP).

The proposed amendment to R-3 is consistent with the intent and purpose of CPP FLU 5.5.2, based on the adopted allowed zoning densities and intensities delineated within the Escambia County Mid-West Sector Plan, Jacks Branch DSAP. The Applicant's request to R-3 for approximately 134.80 +/- acres under the Traditional Garden neighborhood and Suburban Garden neighborhood, will provide for the allowed uses and intensities as listed under the Development Principles of the DSAP.

The proposed amendment to R-4 is consistent with the intent and purpose of CPP FLU 5.5.2, based on the adopted uses and intensities listed under the zoning densities and intensities delineated within the Escambia County Mid-West Sector Plan, Jacks Branch Detailed Specific Area Plan (DSAP). The applicant's request for approximately 74.37 +/- acres of the parcel under the Traditional Village neighborhood does provide for the allowed uses and intensities, as listed under the Development Principles of the DSAP.

The proposed amendment to V-5 is consistent with the intent and purpose of CPP FLU 5.5.2, based on the adopted uses and intensities listed under the zoning densities and intensities delineated within the Escambia County Mid-West Sector Plan, Jacks Branch Detailed Specific Area Plan (DSAP). The applicant's request for approximately 152.29 +/- acres of the parcel under the Conservation neighborhood does provide for the allowed uses and intensities, as listed under the development Principles of the DSAP.
 
The proposed amendment to C-1, R-3, R-4 and V-5 respectively, will comply with the allowed target densities identified in the Land Use Plan and Development Program, Section 2.02 of the Development Program for each Branch. The proposed amendment, by zoning district, is consistent with CPP FLU 5.6.3, as the adopted DSAP and described zoning districts are compatible to the uses identified in Figure 2.01.A Final Land Use Plan.
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.

FINDINGS

The proposed rezoning request is necessary to maintain consistency with the underlying existing zoning districts of the surrounding properties, while abiding to the designated target densities identified by the standards contained in the adopted DSAPs.
At the time of individual development submittal, each project will be evaluated separately to ensure compliance with all of the design standards outlined in the Escambia County Mid-West Sector Plan, Jacks Branch Detailed Specific Area Plan (DSAP).
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 is compatible with surrounding existing uses in the area. Using the guidelines contained within the Escambia County Mid-West Sector Plan, Jacks Branch DSAP, the existing and proposed uses will be consistent with the intent of Section 2.02 of the Development Program for each Branch.
CRITERION (4)
Changed conditions.
Whether and the extent to which there are any changed conditions that impact the amendment or property(s).

FINDINGS

There are changed conditions that would impact the amendment or property(s). The proposed amendment includes a request for multiple zoning districts of a parcel that is located within the boundaries of the adopted Escambia County Mid-West Sector Plan, Jacks Branch DSAP. The underlying zoning districts guide the development standards for individual properties, while large development proposals are regulated by the design standards of the DSAP.
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 indicated on the subject property. The applicant has included a survey depicting a rough estimate of the existing wetlands within the boundaries of the parcel. Specific project wetland surveys will be required at the time a development request is submitted and shall be evaluated during the Site Plan Review process.

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 result in a logical and orderly development pattern. Based on Section 2.02 of the Land Use Plan and Development Program for each DSAP Branch, the proposed amendment will be compatible with the identified surrounding uses.

Attachments
Z-2013-17

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