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5. B.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: R-6 Neighborhood Commercial and Residential District, (Cumulative) High Density (25 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.
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 1.5.1 New Development and Redevelopment in Built Areas. To promote the efficient use of existing public roads, utilities and service infrastructure, the County will encourage redevelopment in underutilized properties to maximize development densities and intensities located in the Mixed Use-Suburban (MU-S), Mixed Use-Urban (MU-U), Commercial and Industrial Future Land Use districts categories (with the exception of residential development).
OBJ FLU 2.3 Infill Development
Encourage infill development in appropriate urbanized areas where infrastructure is sufficient to meet demands, such as in MU-U and MU-S.
POLICIES
FLU 2.3.1 Area Designation. All Community Redevelopment Areas as adopted by the BCC, are hereby designated as an Urban Infill and Redevelopment Area in conformance with Florida Statutes.
FLU 2.3.2 Community Redevelopment Areas. Escambia County will use its fiscal resources to encourage infill residential, commercial, and public development, particularly in the Community Redevelopment Areas.
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 1.5.1. The subject parcel is also subject to OBJ FLU 2.3 Infill Development, Escambia County shall promote infill development in Urban and Redevelopment Areas particularly in the CRA areas. |
| 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.
6.05.13. R-6 neighborhood commercial and residential district, (cumulative) high density.
A. Intent and purpose of district. 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. The maximum density 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 the overlay districts within section 6.07.00 for additional regulations imposed on individual parcels with R-6 zoning located in the 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.
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.
7.20.00. Locational criteria.
7.20.01. Intent and purpose.
It is the intent of this section to establish locational criteria for all new nonresidential uses that are not part of a predominantly residential development or planned unit development (PUD) in order to ensure the appropriate location of commercial and industrial uses and compatibility with adjacent land uses. Locational criteria is necessary to prevent ribbon commercial development, prevent/minimize negative or blighting influences on adjacent residential neighborhoods, and provide for smooth transitions in commercial intensity from major intersections. Further it is the purpose of this section to include the locational criteria required in Comprehensive Plan Policy FLU 1.1.10 the Land Development Code and to clarify and add additional criteria necessary to implement those requirements.
7.20.02. Waivers. Waivers to the roadway requirements of the locational criteria may be approved by the development review committee (DRC) and the planning board, as indicated below:
A. The DRC may waive the roadway requirements for developments based on compatibility of the proposed uses with the surrounding area. In order to determine if unique circumstances exist that allow compatibility between uses, a compatibility analysis shall be submitted that provides competent and substantial evidence that the proposed use will be able to achieve long-term compatibility with surrounding uses as described in Comprehensive Plan Policy FLU 1.1.9. OBJ FLU 2.3 Infill development would be an example of when a waiver could be recommended. A waiver may only be granted when one or more of the following criteria are met:
1. The property has the original commercial or industrial zoning assigned by the county. However, if a rezoning has occurred, the property must meet all of the applicable standards for the zoning district; or
2. The property is located within one of the county's approved redevelopment areas and the proposed use is consistent with the redevelopment plan adopted by the board of county commissioners and recommended by the community redevelopment agency (CRA).
B. The planning board (PB) may waive the roadway requirements when determining consistency with the Comprehensive Plan and Land Development Code for a rezoning request when unique circumstances exist. In order to determine if unique circumstances exist, a compatibility analysis shall be submitted that provides competent and substantial evidence that the proposed use will be able to achieve long-term compatibility with surrounding uses as described in Comprehensive Plan Policy FLU 1.1.9. OBJ FLU 2.3 Infill development would be an example of when a waiver could be recommended. The (PB) may also waive the roadway requirements if the property is located within one of the county's approved redevelopment areas and the proposed use is consistent with the redevelopment plan adopted by the board of county commissioners and it has been recommended by the community redevelopment agency (CRA).
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 not consistent with the general commercial and light manufacturing uses requirements for C-2NA zoning. The surrounding use are predominately residential, however there are some commercial like uses but they are less intense uses that are equivalent to the existing R-6 zoning. C2-NA would allow for outside storage in a predominate residential area. The parcel is not consistent with the Locational Criteria, it is located on an local street Lenox Parkway and Cary Memorial Drive. The Planning Board my waive the roadway requirements as 7.20.02.B has stated. There is an existing commercial structure on site which was constructed in 1987. 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 not compatible with surrounding existing uses in the area. Within the 500’ radius impact area, staff observed properties with zoning districts R-6 and C-2. Staff observed 51 single-family residences, one church, one warehouse, two repair services, 12 mobile homes, one office, and one auto sales. Although there are existing residential uses located nearby, the subject parcel is buffered by natural vegetation to the West and separated by existing roadways to the East and North from the residential 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(s). Staff located in the 500 foot buffer one rezoning case Z-2012-27 at 124 Massachusetts Ave, from R-6 to C-2 approved by the BCC on December 6, 2012. |
| 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 due to the surrounding uses being residential. The existing building and commercial use has been in use since 1987 with no outside storage associated with it. Allowing a C2-NA rezoning change would allow for a more intense use and outside storage in a predominately residential neighborhood. Within the surrounding area there are many commercial uses that are or have developed in the area as well and are in close proximity, however the are along a arterial roadway like Massachusetts Ave, Pace Boulevard and "W" Street. |
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