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5. A.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: R-2PK, Residential District (Perdido Key), Medium Density (4.5 du/acre).
TO: CCPK, (Perdido Key) Commercial Core District, Maximum Density (13 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)
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| 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 Perdido Key(MU-PK) category is intended for a complimentary mix of residential, commercial and tourism (resort) related uses which provides for single-family and multi-family residential; condominiums, hotels/motels, commercial, active and passive recreational facilities, plazas and other civic uses; public and quasi-public facilities (including government facilities, public utilities, religious facilities and organizations). The uses allowed in the commercial district include a full range of commercial enterprise activities and are contingent upon conformity of such uses with all requirements of this Plan and the Perdido Key zoning regulations, thereby assuring that such commercial development is undertaken in an environmentally sensitive manner. When using density transfers, densities may not be transferred to parcels south of Perdido Key Drive. The maximum residential density is 25 dwelling units per acre, maximum intensity is 6.0 Floor Area Ratio (FAR).
Residential development in the MU-PK FLUM category shall be limited to 7,150 dwelling units and 1,000 lodging units.
FINDINGS
Mixed-Use Perdido Key allows for residential and non-residential uses with a maximum density of 25 dwelling units per acre. The MU-PK Future Land Use category allows residential rezoning to districts with higher residential densities. In evaluating the issue of consistency with the Comprehensive Plan, staff finds that the proposed rezoning request to CCPK does allow for uses that are similar in nature with the intent and purpose of the Future Land Use category MU-PK as long as the development is within the density and lodging units limitations (caps) imposed by the rule of law for MU-PK as indicated in CPP FLU 1.3.1. However, more importantly is the fact that the proposed zoning change would increase the density of the parcel in question from 4.5 dwelling units per acre to 13 dwelling units per acre. Given the fact that proposed rezoning would increase the density allocation on the parcel in question, staff finds that this proposed rezoning request could potentially impact the cap limitations significantly due to the fact that we have to examine all the potential uses that are associated with this zoning request which includes high density residential development. Consequently, this would have a deleterious impact on those properties owners that have acquired certain development rights due to previously approvals given by the County. In consideration of all the facts as presented above, staffs finds that the "test of consistency" with the Comprehensive Plan cannot be met for this proposed rezoning request. |
| 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.
6.05.08. R-2PK Residential District (Perdido Key), Medium Density. A. Intent and purpose of district. This district is intended to be a medium population density residential area that recognizes the desirability of maintaining open space. The maximum density is 4.5 dwelling units per acre. Refer to the Escambia, County Comprehensive Plan and latest amendments, specifically Policy FLU 1.3.1, regarding dwelling and lodging unit caps on Perdido Key. Refer to article 11 for uses, heights and densities allowed in R-1PK areas located in the Airport/Airfield Environs.
6.05.15.01. CCPK (Perdido Key) commercial core district. A. Intent and purpose of district. This district is composed of lands and structures used primarily for intense residential development and retailing of resort-related commodities and services. The regulations are intended to permit and encourage mixed use development, including high density residential, hotels and motels, and commercial uses associated with resort areas. The maximum density is 13 dwelling units per acre. Refer to the Escambia, County Comprehensive Plan and latest amendments, specifically Policy FLU 1.3.1, regarding dwelling and lodging unit caps on Perdido Key.
B. Permitted uses.
1.Any Use permitted in the C-1PK district.
2. Hotels and motels. Maximum density shall be 25 units per acre.
3. Commercial amusement and commercial recreational facilities, including miniature golf courses.
4. Arcade amusement centers and bingo facilities.
5. Any uses which are similar or compatible to the uses permitted herein that promote the intent and purpose of this district. Determination shall be made by the planning board (LPA).
5.14.00. Maintaining levels of service. In no case shall development, as defined in article 3, commence without a finding of concurrency which establishes that levels of service will not be degraded, unless degradation is allowed pursuant to a policy in the adopted comprehensive plan. No development orders will be issued for any development which affects any designated hurricane evacuation route unless the impact of the development on the hurricane evacuation time for affected evacuation routes is within the standard established by OBJ COA 1.3 [of the Comprehensive Plan].
FINDINGS
The proposed amendment is not consistent with the intent and purpose of the Land Development Code. The parcel adjoins an existing zoned R-2PK parcel to the East and a parcel zoned C-1PK to the West. The proposed rezoning to an isolated CCPK zoning district would allow a much more intense zoning which differs from the surrounding zoning along Perdido Key Drive in this area, therefore making an unbalanced zoning transition along this area of Perdido Key Drive if this amendment is approved.
The attached Exhibit A from County Transportation & Traffic Operations department noted, this segment of Perdido Key Drive is currently operating at 66% of it's capacity for transportation concurrency. Development shall not commence without a finding of concurrency through the Development Review Committee per LDC 5.14.00. |
| 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-3PK, C-1PK, and R-2PK. Some of the nearby uses are: five condominium properties, one gas station, one mobile home park, one RV park, five vacant parcels, one single-family, and two properties that are recreation areas for Beach & Yacht Club condos. |
| 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). The subject property did have a rezoning case Z-2008-06 from R-2PK to R-3PK on June 5, 2008 and was approved by the Planning Board, however at the Board of County Commissioners (BCC) meeting on August 7, 2008 the BCC voted 4-0 to drop the rezoning case. Also staff found conditional use approval CU-2005-03 to allow accessory buildings on waterfront lots to be located in the front yard of the principal dwelling. |
| 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. Also, this area contains the Beach Mouse Habitat. Authority; purpose; scope. Ordinance No. 2006-2 is enacted under authority of Article VII, Section 1(f) of the Constitution of the State of Florida and F.S. ch. 125 for the purpose of providing a mechanism for imposition and collection of a recurring annual assessment for those properties involved in mitigation for Perdido Key Beach Mouse habitat impacts. This subsection shall be known as "The Perdido Key Beach Mouse Special Assessment Ordinance." 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.
Attached Exhibit B (Supplemental Information Case Z-2015-03) from County Environmental Program Manager, Coastal Zones and Habitat Conservation Timothy Day. Also noted is the following environmental conditions have been identified on the subject property:
- Wetlands – National Wetland Inventory
- Endangered Species Habitat (Perdido Key beach mouse) – US Fish and Wildlife Service
- Coastal High Hazard Area – (Escambia County GIS – Category 1 Storm Surge area)
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. With the surrounding uses that are primarily low density residential and no commercial uses except a gas station, a rezoning to CCPK would allow for a multitude of commercial uses in a primarily residential area. A rezoning to a higher density on Perdido Key may impact other already zoned parcels ability to develop to their maximum density or use, do to the residential development in the MU-PK FLUM category shall be limited to 7,150 dwelling units and 1,000 lodging units. |
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