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7. A.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: (Com) Commercial district
TO: (HC/LI-NA) Heavy Commercial and Light Industrial district, prohibiting the subsequent establishment of any microbreweries, microdistilleries, microwineries, bars, nightclubs, or adult entertainment 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)
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 Urban (MU-U) Future land Use category 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 range of allowable uses includes residential, retail and services, professional office, light industrial, recreational facilities, public and civic, limited agriculture. 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 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 HC-LI/NA is consistent with the intent and purpose of Future Land Use category MU-U, as stated in CPP FLU 1.3.1; however, due to the physical location of the parcel, some of the listed allowable uses under the FLU would be restricted due to the accessibility concerns. The amendment is consistent with the intent of FLU 1.5.1, 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.
FINDINGS
The proposed amendment is not consistent with the intent and purpose of the Land Development Code. The parcel does meet the requirements under Sec. 3-2.11 (e) Location Criteria. The applicant did not provide a compatibility analysis. Due to the physical location of the parcel, the proposed zoning district is not suitable for areas able to receive bulk deliveries by truck in locations served by major transportation networks and able to avoid undesirable effects on nearby property and residential uses, as stated in Sec. 3-2.11 (f) Rezoning to HC/LI. Site visit by staff reveals Atwood, Gregg and Northcross streets are two-lane local roads needed to travel adjacent to residential subdivisions, and existing residential land uses in order to access Davis Highway (+/-0.41 mile) or Olive road (+/- 0.35 mile), the nearest arterial roads. |
| 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 will not be compatible with surrounding existing uses in the area. Within the 500 radius, staff identified properties with zoning districts HC/LI, Commercial and MDR. The only existing HC/LI zoned parcel within the buffer is located on the South of Interstate 10 and houses the Coca-Cola bottling company. In contrast, this parcel does have direct access to Davis Hwy. North of Interstate 10, there are twenty five single-family residences, a mobile home park, a hotel and a restaurant. |
| 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 proposed amendment would create spot zoning based on the definition in the LDC. Although some of the adjacent and nearby parcels are also zoned Commercial, the current land use for those properties is residential. If approved, the HC/LI zoning for this parcel will be isolated and would allow for potential uses that would not be similar in density or intensity to the surrounding area. |
| 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
There are no changed conditions in the area. The primary intent of the requested HC/LI district is to allow light manufacturing, large-scale wholesale and retail uses, major services, and other more intense uses than those allowed under the existing Commercial district. Based on site visit, the commercial zoning and uses are located within parcels that have direct access to Davis Hwy and operate under the commercial designation; however, those parcels that have no direct access to Davis Hwy and depend on local roads to transport goods onto the existing arterial roads, will always have a compatibility problem based on access and location issues; furthermore, based on the physical characteristics of the area, the granting of the zoning request to HC/LI would allow for more intense uses that will have to traverse near predominantly residential neighborhoods subdivisions.
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