Agenda


Planning Board-Rezoning		6. A.
Meeting Date:	07/01/2013
CASE :	Z-2013-13
APPLICANT:	Bobby Gene and Sally Lynn Reynolds, Owners
ADDRESS:	12511 Lillian Hwy.
PROPERTY REF. NO.:	02-2S-32-6000-005-002
FUTURE LAND USE:	MU-S, Mixed-Use Suburban
DISTRICT:	1
OVERLAY DISTRICT:	N/A
BCC MEETING DATE:	08/08/2013

SUBMISSION DATA:
REQUESTED REZONING: FROM: R-4, Multiple-Family District, (cumulative) Medium High Density (18 du/acre) TO: 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. Comprehensive Plan Policy (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 1.1.9 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 1.3.1 Future Land Use Categories. The Mixed-Use Suburban (MU-S) Future Land Use (FLU) category is intended for a mix of residential and nonresidential uses while promoting compatible infill development and the separation of urban and suburban land uses. Range of allowable uses include: Residential, Retail and Services, Professional Office, Recreational Facilities, Public and Civic. The minimum residential density is two dwelling units per acre and the maximum residential density is ten dwelling units per acre. 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-1 is consistent with the intent and purpose of Future Land Use category MU-S as stated in CPP FLU 1.3.1. This FLU category allows for a mix of residential and non-residential uses such as retail services and professional offices while promoting infill development. The proposed amendment will utilize the existing roads and infrastructure as stated in CPP FLU 1.5.3.
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. 6.05.11. R-4 multiple-family district, (cumulative) medium high density. A. Intent and purpose of district. This district is intended to provide for the development of medium high density residential uses and structures. This land use is designed to encourage the efficient use of land and maintain a buffer between lower density residential and business, commercial and industrial districts. The maximum density is 18 dwelling units per acre. Refer to article 11 for uses, heights and densities allowed in R-4, multiple-family areas located in the Airport/Airfield Environs. Refer to the overlay districts within section 6.07.00 for additional regulations imposed on individual parcels with R-3 zoning located in the RA-1(OL) Barrancas Redevelopment Area Overlay District. 6.05.14. C-1 retail commercial district (cumulative). A. Intent and purpose of district. 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 7.A.4.7.g of the Comprehensive Plan. The maximum density for residential uses is 25 dwelling units per acre, except in the Low Density Residential (LDR) future land use category where the maximum density is 18 dwelling units per acre. Refer to article 11 for uses, heights and densities allowed in C-1, retail commercial areas located in the Airport/Airfield Environs. Refer to the overlay districts within section 6.07.00 for additional regulations imposed on individual parcels with C-1 zoning located in the C-3(OL) Warrington Commercial Overlay District, Scenic Highway Overlay District, C-4(OL) Brownsville-Mobile Highway and "T" Street Commercial Overlay District, or RA-1(OL) Barrancas Redevelopment Area Overlay District. All retail commercial (C-1) development, redevelopment, or expansion must be consistent with the locational criteria in article 7. FINDINGS The proposed amendment is not consistent with the intent and purpose of the Land Development Code as stated in LDC 6.05.14. The proposed zoning change would result in spot zoning as defined in LDC Article 3.02.00. 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. The parcel is located along an arterial roadway within one-quarter mile of a collector/arterial intersection and does meet locational criteria.
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 not compatible with surrounding existing uses in the area. Within the 500’ radius impact area, staff observed properties with zoning districts R-2 and R-4. In the area staff noted 24 single family residences, 9 vacant parcels, 1 vacant office and 3 mobile homes. The multiple commercial uses and intensities allowed by the proposed C-1 zoning are not compatible with the surrounding residential zonings or 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 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. The proposed rezoning from R-4 to C-1 will constitute an isolated zoning district that would be incompatible with the adjacent and nearby zoning districts and uses.

Attachments
Z-2013-13


Planning Board-Rezoning		6. B.
Meeting Date:	07/01/2013
CASE :	Z-2013-14
APPLICANT:	Albert and Marie Jones, Owners
ADDRESS:	7585 Mobile Hwy.
PROPERTY REF. NO.:	16-1S-31-3304-000-003
FUTURE LAND USE:	MU-S, Mixed Use-Suburban
DISTRICT:	1
OVERLAY DISTRICT:	N/A
BCC MEETING DATE:	08/08/2013

SUBMISSION DATA:
REQUESTED REZONING: FROM: R-2, Single-Family District (cumulative), Low-Medium Density (seven du/acre) TO: AG, Agricultural District, Low Density (1.5 acres/du) 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. 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 Suburban (MU-S) Future Land Use (FLU) category is intended for a mix of residential and nonresidential uses while promoting compatible infill development and the separation of urban and suburban land uses. Allowed uses include Residential, Retail and Services, Professional Office,Recreational Facilities,and Public and Civic. The minimum residential density is two dwelling units per acre and the maximum residential density is ten dwelling units per acre. 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 AG is consistent with the intent and purpose of Future Land Use Mixed-Use Suburban as stated in CPP FLU 1.1.1 and 1.3.1. The densities and allowable uses are compatible with those provided for in the Future Land Use category. The MU-S category allows for a mix of residential and nonresidential uses while promoting compatible infill development and the separation of urban and suburban land uses. The request to AG is also consistent with FLU 1.5.3, as the parcel is already supported by existing infrastructure and utility services.
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. 6.05.07. R-2 Single-Family District (cumulative), low-medium density. This district is intended to be a single-family residential area with large lots and low population density. The maximum density is seven dwelling units per acre. 6.05.01. AG agricultural district, low density. This district is intended to identify those areas used primarily for farming, and/or the raising of livestock, and silviculture. A primary purpose of this district is to provide for the continuation and expansion of viable agricultural activities within the county by providing for compatibility among permitted uses and by preserving open spaces through low district-wide residential densities. The maximum density is 1.5 acres per dwelling unit. FINDINGS The proposed amendment is consistent with the intent and purpose of the Land Development Code. The applicant's zoning request, if granted, will reduce the maximum allowed residential density on the parcel, will encourage the preservation of open spaces and will provide for the desired permitted primary uses.
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. Within the 500’ radius impact area, staff observed properties with zoning districts AG, R-R, R-5 and R-2. Existing uses include 13 single family residences, 8 vacant residential parcels, 4 mobile homes, 2 agricultural residential parcels, 1 office and a parcel owned by the gas utility company.
CRITERION (4)
Changed conditions. Whether and the extent to which there are any changed conditions that impact the amendment or property(s). FINDINGS Staff found no changed conditions that would impact the amendment or property(s).
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 result in a logical and orderly development pattern. The surrounding area is a mixture of single residential dwellings, agricultural tracks and utility company owned parcels. The proposed amendment to Agricultural zoning would be compatible with the existing surrounding uses.

Attachments
Z-2013-14


Planning Board-Rezoning		6. C.
Meeting Date:	07/01/2013
CASE :	Z-2013-15
APPLICANT:	Brian Brown, Agent for Figure 8 (Florida), LLC.
ADDRESS:	6365 Helms Road
PROPERTY REF. NO.:	21-1S-31-2101-001-001; 20-1S-31-1101-000-000
FUTURE LAND USE:	MU-S, Mixed-Use Suburban
DISTRICT:	1
OVERLAY DISTRICT:	N/A
BCC MEETING DATE:	08/08/2013

SUBMISSION DATA:
REQUESTED REZONING: FROM: AG, Agricultural District, Low Density (1.5 acres/du) TO: R-1, Single Family District, Low Denisty (four 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. 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 Suburban (MU-S) Future Land Use (FLU) category is intended for a mix of residential and nonresidential uses while promoting compatible infill development and the separation of urban and suburban land uses. Range of allowable uses include: Residential, Retail and Services, Professional Office, Recreational Facilities, Public and Civic. The minimum residential density is two dwelling units per acre and the maximum residential density is ten dwelling units per acre. 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 R-1 is consistent with the intent and purpose of Future Land Use category MU-S as stated in CPP FLU 1.3.1 which allows for residential and retail development with a maximum density of ten dwelling units per acre. The request to R-1 will allow for a higher residential density which agrees with FLU 2.1.2 above.
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. 6.05.01. AG Agricultural District, Low Density. Intent and purpose of district. This district is intended to identify those areas used primarily for farming, and/or the raising of livestock, and silviculture. A primary purpose of this district is to provide for the continuation and expansion of viable agricultural activities within the county by providing for compatibility among permitted uses and by preserving open spaces through low district-wide residential densities. The maximum density is 1.5 acres per dwelling unit. Refer to article 11 for uses, heights and densities allowed in AG - agricultural areas located in the Airport/Airfield Environs. 6.05.05 R-1, Single Family District, Low Density. Intent and purpose of district. This district is intended to be a single-family residential area with large lots and low population density. The maximum density is four dwelling units per acre. Refer to article 11 for uses and densities allowed in R-1, single-family areas located in the Airport/Airfield Environs. Structures within Airport/Airfield Environs, Zones, and Surfaces remain subject to the height definitions, height restrictions, and methods of height calculation set forth in Article 11. Refer to the overlay districts within section 6.07.00 for additional regulations imposed on individual parcels with R-1 zoning located in the Scenic Highway Overlay District and RA-1(OL) Barrancas Redevelopment Area Overlay District. FINDINGS The proposed amendment is consistent with the intent and purpose of the Land Development Code due to the fact that R-1 allows for residential development with a maximum of 4 dwelling units per acre. The surrounding area is currently residential with compatible zonings.
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 Within the 500’ radius impact area, the zoning district designations were R-1 and R-2. Staff observed approximately 20 single family homes (not including the platted subdivision to the southeast of the subject parcel), 4 vacant parcels and 1 school. R-1 zoning district is intended to allow large lots and low population density with a maximum of four dwelling units per acre. The proposed amendment is compatible with surrounding existing uses and densities in the area. The zoning on the surrounding properties allow four and seven dwelling units per acre with the use being residential. The adjacent parcel sizes vary from less than an acre to five acres. If this amendment is granted, R-1 zoning will allow for single family residential use in the same manner as the Woodside Estates subdivision to the southeast.
CRITERION (4)
Changed conditions. Whether and the extent to which there are any changed conditions that impact the amendment or property(s). FINDINGS Staff found no changed conditions that would impact the amendment or property(s).
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. 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 result in a logical and orderly development pattern. The parcels, which are under single ownership, are surrounded by R-1 and R-2 zoning designations, and allow for the same type of uses and densities as the proposed amendment.

Attachments
Z-2013-15


AGENDA ESCAMBIA COUNTY PLANNING BOARD QUASI-JUDICIAL HEARING July 1, 2013–8:30 a.m. Escambia County Central Office Complex 3363 West Park Place, Room 104


1.		Call to Order.

2.		Invocation/Pledge of Allegiance to the Flag.

3.		Proof of Publication and Waive the Reading of the Legal Advertisement.

4.		Acceptance of Planning Board Meeting Package

5.		Quasi-judicial Process Explanation.

6.		Public Hearings.

	A.	Z-2013-13



	B.	Z-2013-14



	C.	Z-2013-15



7.		Adjournment.