|
Back to Calendar
Return
|
| |
5. A.
|
| Planning Board-Rezoning |
|
|
|
| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: R-1, Single-Family District, Low Density, (4 du/acre)
TO: C-2NA, General Commercial and Light Manufacturing District, (cumulative) Bars, Nightclubs, and Adult Entertainment are Prohibited 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) |
| 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 1.1.10 Locational Criteria. The LDC shall include locational criteria for broad categories of proposed non-residential land uses. The site criteria for such uses shall address the transportation classification of, and access to, adjoining streets, the proximity of street intersections and large daily trip generators (i.e. college or university), the surrounding land uses, the ability of a site to accommodate the proposed use while adequately protecting adjoining uses and resources, and other criteria that may be appropriate to those categories of uses.
CPP FLU 1.3.1 Future Land Use Categories. The Mixed-Use Urban (MU-U) 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.
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).
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.
FINDINGS
The proposed amendment to C-2NA is consistent with the intent and purpose of Future Land Use (FLU) category MU-U, as stated in CPP FLU 1.3.1. The MU-U range of uses allows Retail and Services, Professional Office, Recreational Facilities, Public and Civic uses, while promoting the use of roads, public services and existing infrastructure, as stated in FLU 1.5.3. Buffering and locational criteria will be addressed under Criterion 2. There is no development proposed for the parcel at this time; however, if the owner decides to develop this parcel at a later time, all of the requirements under the Comprehensive Plan will apply. |
| 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.
6.05.05. R-1 single-family district, low density. A. 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.
6.05.16.K C-2NA zoning designation. If a parcel is designated as C-2NA, then notwithstanding any other provision of this section, bars, nightclubs, and adult entertainment uses shall be prohibited uses for that parcel. Any applicant for a rezoning to the C-2 zoning district may request a C-2NA zoning designation. Such request shall be in the form of a notarized affidavit that acknowledges this use restriction and affirms that it is a voluntary request. Once approved, in conformance with Section 2.08.00 of this land development code, a property owner must apply for a rezoning to C-2 in order to remove the designation. The C-2NA zoning designation shall apply to all subsequent owners unless and until the parcel is rezoned to the C-2 zoning district without the C-2NA zoning designation.
7.20.06. General commercial and light manufacturing locational criteria (C-2).
A. General commercial land uses shall be located at or in proximity to intersections of arterial/arterial roadways or along an arterial roadway within one-quarter mile of the intersection.
FINDINGS
The proposed amendment is consistent with the general commercial and light manufacturing uses and with the locational requirements for C-2NA zoning. The parcel is located on an major arterial roadway, Pine Forest Road, half mile from an arterial/arterial intersection. There is an existing residential structure on site which is currently a conforming use. The applicant has made it known there is no development proposed for the parcel at this time; however, if the owner decides to develop this parcel at a later time, all of the requirements under the Land Development Code will apply. All other requirements of the Land Development Code will be evaluated for consistency during the Site Plan Review process. |
| 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 R-1, P, C-2, C-1, and RR. Eighteen single family residence, one school property, one wholesale property, six existing commercial properties, and two vacant commercial properties. Although there are existing residential uses located nearby, the subject parcel is buffered by natural vegetation to the East and separated by existing roadways to the West from the residential uses. Based on the applicant's request there is no immediate proposed development for the parcel, therefore, it's staff's opinion that the impact to the residential uses on traffic, utilities and other available infrastructure would be minimal at this time. |
| 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 changed conditions that would impact the amendment or property(s). Conditional Use Cases CU-2002-10, 7009 Pine Forest Road and CU-2007-01, 1965 Pine Forest Road. Staff also found several rezoning cases Z-2002-43 at 7036 Pine Forest Road, Z-2002-44 at 7030 Pine Forest Road, Z-2002-45 at 7020 Pine Forest Road, Z-2002-46 at 7012 Pine Forest Road, Z-2002-47 at 7016 Pine Forest Road, Z-2002-48 at 7016 Pine Forest Road, and Z-2009-08 at 7011 Pine Forest Road were all approved from C-1 to C-2. Case Z-2006-80 at 1665 Cope Lane was approved by the Planning Board but denied by the BCC from R-1 to C-1. Case Z-2004-08 at 7215 and 7211 Pine Forest Road was approved from ID-CP to C-1. |
| 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
Based on the location of the parcel, the current zoning maps and the surrounding existing land uses, the proposed amendment would result in a logical and orderly development pattern. The 7.45 acre parcel would allow for a large continuous portion of commercial to development along Pine Forest Road that is consistence with existing C-2 and C-1 surrounding zoned parcels. Eight parcels in the surrounding area have been rezoned to either C-1 or C-2 do to the commercial development and future along Pine Forest Road. Equally important, the proposed amendment will promote infill development and enhance the use of open space providing buffering for the existing contiguous residential uses. |
|
|
|
|