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    7. B.    
Planning Board-Rezoning
Meeting Date: 09/03/2019  
CASE :    Z-2019-14
APPLICANT: Wiley C. "Buddy" Page, Agent for Jennifer Reese, Owner
ADDRESS: 9500 Hillview Drive
PROPERTY REF. NO.: 05-1S-30-0407-190-001
FUTURE LAND USE: MU-U, Mixed-Use Urban  
DISTRICT: 5  
OVERLAY DISTRICT: N/A
BCC MEETING DATE: 10/03/2019
SUBMISSION DATA:
REQUESTED REZONING:

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

TO: Com, Commercial 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 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, 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 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 Commercial is consistent with the intent and purpose of Future Land Use category MU-U, as stated in CPP FLU 1.3.1. The range of allowable uses under the MU-U FLU category provides for a mixture of commercial and residential development, as described in the application. The property is located in an area around Nine Mile Road that has been under redevelopment for the past several years. The project will promote the use of existing public roads, utilities and infrastructure, fulfilling the requirements under CPP FLU 1.5.1. The proposed rezoning would also promote higher residential density in the MU-U FLU category as stated in CPP FLU 2.1.2.
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).
(a) 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. 3-2.10 Commercial district (Com).
(a) Purpose. The Commercial (Com) district establishes appropriate areas and land use regulations for general commercial activities, especially the retailing of commodities and services. The primary intent of the district is to allow more diverse and intense commercial uses than the neighborhood commercial allowed within the mixed-use districts. To maintain compatibility with surrounding uses, all commercial operations within the Commercial district are limited to the confines of buildings and not allowed to produce undesirable effects on surrounding property. To retain adequate area for commercial activities, new and expanded residential development within the district is limited, consistent with the Commercial (C) future land use category.
(b) Permitted uses. Permitted uses within the Commercial district are limited to the following:
(1) Residential. The following residential uses are allowed throughout the district, but if within the Commercial (C) future land use category they are permitted only if part of a predominantly commercial development:
a. Group living, excluding dormitories, fraternity and sorority houses, and residential facilities providing substance abuse treatment, post-incarceration reentry, or similar services.
b. Manufactured (mobile) homes, including new or expanded manufactured home parks or subdivisions.
c. Single-family dwellings (other than manufactured homes), detached or attached, including townhouses and zero lot line subdivisions.
d. Two-family and multi-family dwellings.
See also conditional uses in this district.
(2) Retail sales. Retail sales, including medical marijuana dispensing facilities, sales of alcoholic beverages and automotive fuels, but excluding motor vehicle sales and permanent outdoor storage. See also conditional uses in this district.
(3) Retail services. The following retail services, excluding permanent outdoor storage:
a. Car washes, automatic or manual, full service or self-serve.
b. Child care facilities.
c. Hotels, motels and all other public lodging, including boarding and rooming houses.
d. Personal services, including those of beauty shops, health clubs, pet groomers, dry cleaners and tattoo parlors.
e. Professional services, including those of realtors, bankers, accountants, engineers, architects, dentists, physicians, and attorneys.
f. 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, and outdoor work.
g. Restaurants and brewpubs, including on-premises consumption of alcoholic beverages, drive-in and drive-through service, and brewpubs with the distribution of on-premises produced alcoholic beverages for off-site sales. The parcel boundary of any restaurant or brewpub with drive-in or drive-through service shall be at least 200 feet from any LDR or MDR zoning district unless separated by a 50-foot or wider street right-of-way.
See also conditional uses in this district.
(4) Public and civic.
a. Broadcast stations with satellite dishes and antennas, including towers.
b. Cemeteries, including family cemeteries.
c. Community service facilities, including auditoriums, libraries, museums, and neighborhood centers.
d. Educational facilities, including preschools, K-12, colleges, and vocational schools.
e. Emergency service facilities, including law enforcement, fire fighting, and medical assistance.
f. Foster care facilities.
g. Funeral establishments.
h. Hospitals.
i. Offices for government agencies or public utilities.
j. Places of worship.
k. Public utility structures, including telecommunications towers, but excluding any industrial uses.
l. Warehousing or maintenance facilities for government agencies or for public utilities.
See also conditional uses in this district.
(5) Recreation and entertainment.
a. Campgrounds and recreational vehicle parks on lots five acres or larger.
b. Indoor recreation or entertainment facilities, including movie theaters, bowling alleys, skating rinks, arcade amusement centers, bingo facilities and shooting ranges, but excluding bars, nightclubs or adult entertainment facilities.
c. Marinas, private and commercial.
d. Parks without permanent restrooms or outdoor event lighting.
See also conditional uses in this district.
(6) Industrial and related.
a. Printing, binding, lithography and publishing.
b. Wholesale warehousing with gross floor area 10,000 sq.ft. or less per lot.
See also conditional uses in this district.
(7) Agricultural and related.
a. Agricultural food production primarily for personal consumption by the producer, but no farm animals.
b. Nurseries and garden centers, including adjoining outdoor storage or display of plants.
c. Veterinary clinics.
See also conditional uses in this district.
(8) Other uses.
a. Billboard structures.
b. Outdoor storage if minor and customarily incidental to the allowed principal use, and if in the rear yard, covered, and screened from off-site view, unless otherwise noted.
c. Parking garages and lots, commercial.
d. Self-storage facilities, excluding vehicle rental.
(c) Conditional uses. Through the conditional use process prescribed in Chapter 2, the BOA may conditionally allow the following uses within the Commercial district:
(1) Residential.
a. Group living not among the permitted uses of the district.
b. Home occupations with non-resident employees.
(2) Retail sales.
a. Boat sales, new and used.
b. Automobile sales, used autos only, excluding parcels fronting on any of the following streets: Sorrento Road/Gulf Beach Highway/Barrancas Avenue (SR 292); Blue Angel Parkway (SR 173); Pine Forest Road, south from Interstate 10 to State Road 173; Navy Boulevard (SR 295 and US 98); and Scenic Highway (SR 10A and US 90). Additionally, the parcel shall be no larger than one acre and provided with a permanent fence, wall, or other structural barrier of sufficient height and mass along all road frontage to prevent encroachment into the right-of way other that through approved site access.
c. Automobile rental limited to the same restrictions as used automobile sales.
d. Utility trailer, heavy truck (gross vehicle weight rating more than 8500 lbs), and recreational vehicle sales, rental, or service limited to the same restrictions as used automobile sales.
(3) Retail services.
a. Restaurants not among the permitted uses of the district.
b. Service and repair of motor vehicles, small scale (gross floor area 6000 sq. ft. or less per lot), excluding painting and body work and outdoor work and storage.
(4) Public and civic.
a. Cemeteries, including family cemeteries.
b. Clubs, civic and fraternal.
c. Cinerators.
d. Homeless shelters.
(5) Recreation and entertainment.
a. Bars and nightclubs.
b. Golf courses, tennis centers, swimming pools and similar active outdoor recreational facilities, including associated country clubs.
c. Parks with permanent restrooms or outdoor event lighting.
(6) Industrial and related.
(a) Borrow pits and reclamation activities 20 acres minimum and (subject to local permit and development review requirements per Escambia County Code of Ordinances, Part I, Chapter 42, article VIII, and land use and regulations in Part III, the Land Development Code, chapter 4. *Borrow pits are prohibited on land zoned GMD prior to the adoption of the Commercial (Com) zoning.
(b) Microbreweries, microdistilleries, microwineries.
(7) Agricultural and related. 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.
(8) Other uses.
a. Outdoor sales not among the permitted uses of the district.
b. Outdoor storage not among the permitted uses of the district, including outdoor storage of trailered boats and operable recreational vehicles, but no repair, overhaul, or salvage activities. All such storage shall be screened from residential uses and maintained to avoid nuisance conditions.
c. Self-storage facilities, including vehicle rental as an accessory use.
d. Structures of permitted uses exceeding the district structure height limit.

(e) Location criteria. All new non-residential uses proposed within the Commercial district that are not part of a planned unit development or not identified as exempt by the district shall be on parcels that satisfy at least one of the following location criteria:
(1) Proximity to intersection. Along an arterial or collector street and within one-quarter mile of its intersection with an arterial street.
(2) Proximity to traffic generator. Along an arterial or collector street and within a one-quarter mile radius of an individual traffic generator of more than 600 daily trips, such as an apartment complex, military base, college campus, hospital, shopping mall or similar generator.
(3) Infill development. Along an arterial or collector street, in an area where already established non-residential uses are otherwise consistent with the Commercial district, and where the new use would constitute infill development of similar intensity as the conforming development on surrounding parcels. Additionally, the location would promote compact development and not contribute to or promote strip commercial development.
(4) Site design. Along an arterial or collector street, no more than one-half mile from its intersection with an arterial or collector street, not abutting a single-family residential zoning district (RR, LDR or MDR), and all of the following site design conditions:
a. Any Intrusion into a recorded subdivision is limited to a corner lot.
b. A system of service roads or shared access is provided to the maximum extent made feasible by lot area, shape, ownership patterns, and site and street characteristics.
c. Adverse impacts to any adjoining residential uses are minimized by placing the more intensive elements of the use, such as solid waste dumpsters and truck loading/unloading areas, furthest from the residential uses.
(5) Documented compatibility. A compatibility analysis prepared by the applicant provides competent substantial evidence of unique circumstances regarding the potential uses of parcel that were not anticipated by the alternative criteria, and the proposed use, or rezoning as applicable, will be able to achieve long-term compatibility with existing and potential uses. Additionally, the following conditions exist:
a. The parcel has not been rezoned by the landowner from the mixed-use, commercial, or industrial zoning assigned by the county.
b. If the parcel is within a county redevelopment district, the use will be consistent with the district’s adopted redevelopment plan, as reviewed and recommended by the Community Redevelopment Agency (CRA).
(f) Rezoning to Commercial. Commercial 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 appropriate to provide transitions between areas zoned or used as high density mixed-use and areas zoned or used as heavy commercial or industrial. Rezoning to Commercial is subject to the same location criteria as any new non-residential use proposed within the Commercial district.

FINDINGS
The proposed amendment is not consistent with the intent and purpose of the Land Development Code. The Commercial district establishes appropriate areas and land use regulations for general commercial activities, especially the retailing of commodities and services. The primary intent of the district is to allow more diverse and intense commercial uses than the neighborhood commercial allowed within the mixed-use districts. To maintain compatibility with surrounding uses, all commercial operations within the Commercial district are limited to the confines of buildings and not allowed to produce undesirable effects on surrounding property. The proposed amendment does not meet the location criteria requirements, as stated in Sec. 3-10(e), due to the property being located along a local road and is abutting a single-family residential zoning district of MDR. The applicant has submitted a compatibility analysis. The Planning Board or the BCC have the right to waive the locational criteria upon reviewing the compatibility analysis submitted by the applicant. The parcel has not been rezoned by the landowner from the mixed-use, commercial, or industrial zoning assigned by the county. The parcel is not within a county redevelopment district.
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 not compatible with surrounding residential uses in the area. Within the 500' radius impact area, staff observed properties with zoning districts Com, HDR (High-Density Residential), and MDR. The current property has an established residential use. The commercial uses for the proposed rezoning is compatible with the properties located to the south of the subject property, yet those properties have frontages along Nine Mile Road, an arterial road. In particular, the gas station property that adjoins the property is apart of the same residential subdivision of the subject property. A single family residential use is located on the site. Single family residential uses are located to the north of the property and have frontages on local streets. The more intense uses of the Com zoning district would not be compatible with the residential use adjoining the site and to the north of the subject parcel as the majority of the surrounding property is residential. The proposed rezoning to Com would encroach on the existing and well-established residential subdivision. The proposed rezoning would promote strip commercial development in the residential area. The applicant has submitted a copy of the plat depicting the commercial property. See exhibit A "Plainfield Subdivision" and exhibit B "Subdivisions". All site plan regulations such as parking, buffering and uses would have to meet all the Land Development Code regulations.
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 zoning of Com would not be spot zoning by definition, however the district would not be transitional in character between the adjoining districts. The differences with those districts would be significant in that the Com district allows for more intense commercial than the residential uses of the MDR district. The current area to the south has a concentration of commercial zoning and uses already in place. The subject parcel has a residential use. The parcel does adjoin a parcel to the north which is a current single family resident with a MDR zoning, but also joins a much more intense zoning Com to the south. The subject parcel also fronts a local road.
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 of rezoning have changed. Directly west of the subject property is a new retail development. Within the area surrounding the property, new retail uses have been established within the existing Com zoning district. See exhibit C "Surrounding Development" map.
Attachments
Working case file 14

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