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  Growth Management Report     13. 1.    
BCC Regular Meeting
Meeting Date: 05/07/2015  
Issue:    Review of Rezoning Cases Heard by the Planning Board on April 7, 2015
From: Horace Jones
Department: Development Services  

RECOMMENDATION:
Recommendation Concerning the Review of the Rezoning Cases heard by the Planning Board on April 7, 2015

That the Board take the following action concerning the rezoning cases heard by the Planning Board on April 7, 2015:
  1. Review and either adopt, modify, or overturn the Planning Board’s recommendations for Rezoning Cases Z-2015-06, Z-2015-07, and Z-2015-08 or remand the cases back to the Planning Board; and
  2. Authorize the Chairman to sign the Orders of the Escambia County Board of County Commissioners for the rezoning cases that were reviewed.
1. Case No.: Z-2015-06
  Address: 2900 Block Old Chemstrand Road
  Property Reference No.: 14-1N-30-1000-004-001, 1000-005-001, 1000-001-001, 4001-000-000
  Property Size: 55.10 (+/-) acres
  From: LDR, Low Density Residential district (four du/acre) [formerly existing V-2, Villages Single-Family Residential, Gross Density (two units per acre), and VR-2, Villages Rural Residential Districts, Gross Density: One unit per 0.75 acre]
  To: LDR, Low Density Residential district (four du/acre) [formerly requested as V-5, Villages Clustered Residential District, Gross Density (four units per acre, if sewered and clustered), Gross Density (one unit per acre, if unsewered)]
  FLU Category: MU-S, Mixed-Use Suburban
  Commissioner District: 5
  Requested by: Wiley C. "Buddy" Page, Agent for Warren T. Brown & L. Kathleen Horton-Brown, Owners
  Planning Board Recommendation: Approval
  Speakers: Buddy Page, Earl Arnes, Linda Shouse, Shane May, Theresa Lanning, Kris Lanning
     
2. Case No.: Z-2015-07
  Address: 201 Lenox Parkway
  Property Reference: 46-1S-30-2001-009-029
  Property Size: 0.33 (+/-) acres
  From: HDMU, High Density Mixed-Use (25 du/acre) [formerly existing R-6, Neighborhood Commercial and Residential District, (cumulative) High Density (25 du/acre)
  To: HC/LI-NA, Heavy Commercial and Light Industrial, Prohibited Uses: Bars, Nightclubs, and Adult Entertainment [formerly requested as C-2NA, General Commercial and Light Manufacturing District, (cumulative) Bars, Nightclubs, and Adult Entertainment are Prohibited Uses (25 du/acre)]
  FLU Category: MU-U, Mixed-Use Urban
  Commissioner District: 3
  Requested by: Wiley C. "Buddy" Page, Agent for Francis A. Mariano, Jr. and Victoria N. Mariano, Owners
  Planning Board Recommendation: Approval
  Speakers: Buddy Page
     
3. Case No.: Z-2015-08
  Address: 1100 Block Clymil Road
  Property Reference: 01-1N-31-2301-000-004
  Property Size: 3.1 (+/-) acres
  From: RR, Rural Residential (one du/four acres) [formerly existing VR-1, Villages Rural Residential District (one unit per four acres)]
  To: RMU, Rural Mixed Use (two du/acre) [formerly requested as VR-2, Villages Rural Residential District (one unit per 0.75 acre)]
  FLU Category: MU-S, Mixed-Use Suburban
  Commissioner District: 5
  Request By: Anthony Picheo, Agent for John Martin, Owner
  Planning Board Recommendation: Approval
  Speakers: Anthony Picheo, Kyle Kinser
BACKGROUND:
The above cases were owner initiated and heard at the April 7, 2015, Planning Board Meeting. Under the Land Development Code (LDC) 2.08.00.E.1., “the Board of County Commissioners shall review the record and the recommendation of the Planning Board and either adopt the recommended order, modify the recommended order as set forth therein, reject the recommended order, or remand the matter back to the Planning Board for additional facts or clarification. Findings of fact or findings regarding legitimate public purpose may not be rejected or modified unless they are clearly erroneous or unsupported by the record. When rejecting or modifying conclusions of law, the Board of County Commissioners must state with particularity its reasons for rejecting or modifying the recommended conclusion of law and must make a finding that its substituted conclusion of law is as or more reasonable than the conclusion that was rejected or modified. However, the Board of County Commissioners may not modify the recommendation to a more intensive use requested by the applicant and advertised. The review shall be limited to the record below. Only a party of record to the proceedings before the Planning Board or representative shall be afforded the right to address the Board of County Commissioners and only as to the correctness of the findings of fact or conclusions of law as based on the record. The Board of County Commissioners shall not hear testimony."
 
To further the County’s policy of “decreasing response time from notification of citizen needs to ultimate resolution,” the Board is acting on both the approval of the Planning Board recommended order and the LDC Map Amendment for this month’s rezoning cases. This report item addresses only the review and upholding of the Planning Board’s recommendation. The next report item will address the Public Hearing for the LDC Zoning Map Amendment.
BUDGETARY IMPACT:
This action may increase the ad valorem tax base for Escambia County.
LEGAL CONSIDERATIONS/SIGN-OFF:
The recommended order is the result of deliberations by the Planning Board based on staff analysis, public testimony, and knowledge of the Comprehensive Plan and Land Development Code as well as case law and Florida Statutes.
PERSONNEL:
N/A
POLICY/REQUIREMENT FOR BOARD ACTION:

The Chairman will need to sign the Orders of the Escambia County Board of County Commissioners either denying or approving the rezoning requests.

IMPLEMENTATION/COORDINATION:
The cases under review are presented to the Planning Board for collection of evidence. The Planning Board conducts a quasi-judicial public hearing and issues a recommended order to the Board.

Attachments
Z-2015-06
Z-2015-07
Z-2015-08

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