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5. A.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: R-1, Single-Family District, Low Density (four du/acre)
TO: R-6, Neighborhood Commercial and Residential District, (cumulative) high density, (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 1.3.1 Future Land Use Category. 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 R-6 is consistent with the intent and purpose of the Future Land Use MU-S, as stated in CPP FLU 1.3.1. The Mixed-Use Suburban category does allow for non-residential uses. Also, the densities and allowed uses are compatible to those provided for in the FLU category. The proposed amendment is consistent with the intent of CPP 1.5.3. as it does promote the efficient use of the existing roads and the established utilities and infrastructure. Should the amendment be approved, the buffering requirements stated in CPP FLU 1.1.9 will be reviewed at the time the project is submitted for Site Plan Review. |
| 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.
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.
LDC 6.05.13. R-6 Neighborhood Commercial and Residential District, (cumulative) High Density. This district is intended to provide for a mixed use area of residential, office and professional, and certain types of neighborhood convenience shopping, retail sales and services which permit a reasonable use of property while preventing the development of blight or slum conditions. This district shall be established in areas where the intermixing of such uses has been the custom, where the future uses are uncertain and some redevelopment is probable.
7.20.04. Neighborhood commercial locational criteria (AMU-1, R-6, VM-1).
Neighborhood commercial locational criteria (AMU-1, R-6, VM-1).
A. Neighborhood commercial uses shall be located along a collector or arterial roadway and near a collector/collector, collector/arterial, or arterial/arterial intersection and must provide a smooth transition between commercial and residential intensity.
B. They may be located at the intersection of an arterial/local street without providing a smooth transition when the local street serves as a connection between two arterial roadways and meets all the following criteria:
1. Shares access and stormwater with adjoining commercial uses or properties;
2. Includes a six-foot privacy fence as part of any required buffer and develops the required landscaping and buffering to ensure long-term compatibility with adjoining uses as described in Policy 7.A.3.8 and Article 7;
3. Negative impacts of these land uses on surrounding residential areas shall be minimized by placing the lower intensity uses on the site (such as stormwater ponds and parking) next to abutting residential dwelling units and placing the higher intensity uses (such as truck loading zones and dumpsters) next to the roadway or adjacent commercial properties;
4. Intrusions into recorded subdivisions shall be limited to 300 feet along the collector or arterial roadway and only the corner lots in the subdivision.
C. They may be located along an arterial or collector roadway without meeting the above additional requirements when one of the following conditions exists:
1. The property is located within one-quarter mile of a traffic generator or collector, such as commercial airports, medium to high density apartments, military installations, colleges and universities, hospitals/clinics, or other similar uses generating more than 600 daily trips; or
2. The property is located in areas where existing commercial or other intensive development is established and the proposed development would constitute infill development. The intensity of the use must be of a comparable intensity of the zoning and development on the surrounding parcels and must promote compact development and not promote ribbon or strip commercial development.
FINDINGS
The proposed amendment is in conflict with the locational criteria for R-6 as stated in LDC 7.20.04. Upon site review, the parcel does not have road frontage along Lillian Highway, which is a collector. The property is located along a County maintained right-of-way.The areas does not consist of established commercial or other intensive development and it does not provide a smooth transition between commercial and residential. The intensity of the use will not be compatible to the current single-family development in the area.
The high density, multifamily and commercial uses allowed by R-6 would be incompatible with the adjoining low density R-1 single-family uses as well as the nearby low-medium density R-2 single-family uses. Existing commercial development in the area of the subject parcels appears limited to properties fronting both sides of Lillian Highway between Spanish Moss Drive and Cordova Road. There is no obvious custom of intermixing of uses, and no evidence of uncertainty about the future uses of properties not already zoned R-6; and with the availability of nearby R-6 zoning there appears to be a low probability of redevelopment outside of that area. |
| 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 district R-1, R-2 and R-6. Parcels within the vicinity of the subject property are residential in zoning and use. The commercial properties are along Lillian Highway from Spanish Moss Drive to Cordova Road going east. The area of the proposed zoning is within a platted subdivision and would not make a smooth transition from R-1 to R-6. |
| CRITERION (4) |
Changed conditions.
Whether and the extent to which there are any changed conditions that impact the amendment or property.
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
Because the character of the platted subdivision is single-family and has not historically been an intermixing of uses that provide neighborhood commercial services within the subdivision, the proposed amendment would not result in a logical and orderly development pattern |
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