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5. A.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: RMU, Rural Mixed-use district (two du/acre) [formerly existing R-R]
TO: LDR, Low Density Residential district (four du/acre) [formerly requested as R-1]
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 Comprehensive Plan, LDC Sec. 2-7.2(b)(4)a.
Whether the proposed rezoning is consistent with the goals, objectives, and policies of the Comprehensive Plan and not in conflict with any of the plan's provisions.
CP Policy FLU 1.1.1 Development Consistency. New development and redevelopment in unincorporated Escambia County will be consistent with the Escambia County Comprehensive Plan and the Future Land Use Map (FLUM).
CP Policy FLU 1.3.1 Future Land Use Categories. 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. The range of allowable uses includes: 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 25 dwelling units per acre.
CP Policy FLU 2.1.2 Compact Development. To promote compact development, FLUM amendments and residential rezoning to allow higher residential densities may be allowed in the Mixed-Use Urban (MU-U) and Mixed-Use Suburban (MU-S) future land use categories.
FINDINGS
The proposed amendment is consistent with the Comprehensive Plan and the FLUM, and not in conflict with any of its provisions. The permitted uses of LDR are consistent with the stated intent and purpose of the MU-S future land use category. The increase in maximum residential density is consistent with that allowed by MU-S and with the allowance of higher residential densities to promote compact development. Consistency with other applicable policies of the Comprehensive Plan would be confirmed during review of development for compliance with implementing Land Development Code regulations. |
| CRITERION (2) |
Consistent with Land Development Code, LDC Sec. 2-7.2(b)(4)b.
Whether the proposed rezoning is consistent with the stated purposes and intent of the LDC and not in conflict with any of its provisions.
Sec. 3-2.4 Rural Mixed-Use District (RMU).
(a) Purpose. The Rural Mixed-Use (RMU) district establishes appropriate areas and land use regulations for a mix of low density residential uses and compatible non-residential uses within areas that have historically developed as rural or semi-rural communities. The primary intent of the district is to sustain these communities by allowing greater residential density, smaller residential lots, and a more diverse mix of non-residential uses than the Agricultural or Rural Residential districts, but continue to support the preservation of agriculturally productive lands. The RMU district allows public facilities and services necessary for the health, safety, and welfare of the rural mixed-use community, and other non-residential uses that are compact, traditionally neighborhood supportive, and compatible with rural community character. District communities are often anchored by arterial and collector streets, but they are not characterized by urban or suburban infrastructure. Residential uses are generally limited to detached single-family dwellings, consistent with existing rural communities and limited infrastructure.
Sec. 3-2.5 Low Density Residential District (LDR).
(a) Purpose. The Low Density Residential (LDR) district establishes appropriate areas and land use regulations for residential uses at low densities within suburban areas. The primary intent of the district is to provide for large-lot suburban type residential neighborhood development that blends aspects of rural openness with the benefits of urban street connectivity, and at greater density than the Rural Residential district. Residential uses within the LDR district are predominantly detached single-family dwellings. Clustering dwellings on smaller residential lots may occur where needed to protect prime farmland from non-agricultural use or to conserve and protect environmentally sensitive areas. The district allows non-residential uses that are compatible with suburban residential neighborhoods and the natural resources of the area.
(f) Rezoning to LDR. Low Density Residential zoning may be established only within the Mixed-Use Suburban (MU-S) future land use category. The district is suitable for suburban areas with or without central water and sewer. The district is appropriate to provide transitions between areas zoned or used for rural residential or rural mixed-use and areas zoned or used for low density mixed-use or medium density residential.
FINDINGS
The proposed amendment is consistent with the stated purposes and intent of the LDC and not in conflict with any of its provisions. The subject property is within the required future land use category. LDR zoning, with a maximum four dwelling units per acre, retains the low density character of the area and provides the smallest increase in density by rezoning from the two dwelling units per acre of existing RMU. |
| CRITERION (3) |
Compatible with surrounding uses, LDC Sec. 2-7.2(b)(4)c.
Whether all land uses, development activities, and conditions allowed by the proposed zoning are compatible with the surrounding conforming uses, activities and conditions and able to coexist in relative proximity to them in a stable fashion over time such that no use, activity, or condition negatively impacts another. The appropriateness of the rezoning is not limited to any specific use that may be proposed but is evident for all permitted uses of the requested zoning.
FINDINGS
The primary intent of the LDR district for large-lot single-family residential development at low density is compatible with existing land uses surrounding the subject property. The existing RMU zoning of the subject parcel and surrounding lands is largely uninterrupted from Nine Mile Road northward to Frank Reeder Road, but significant areas of LDR exist east and west of the subject parcel along both Bridlewood Road and Beulah Road. |
| CRITERION (4) |
Changed conditions, LDC Sec. 2-7.2(b)(4)d.
Whether the area to which the proposed rezoning would apply has changed, or is changing, to such a degree that it is in the public interest to encourage new uses, density, or intensity in the area through rezoning.
FINDINGS
The subject parcel of the proposed amendment is near the west end of Nine Mile Road, within an area that is changing in response to increasing nonresidential development and employment opportunities to a degree that it would be in the public interest to encourage a modest increase in available residential density. |
| CRITERION (5) |
Effect on natural environment, LDC Sec. 2-7.2(b)(4)f.
Whether the proposed rezoning would increase the probability of any significant adverse impacts on the natural environment.
FINDINGS
The proposed rezoning would not increase the probability of any significant adverse impacts on the natural environment. Wetlands and hydric soils are not indicated on the subject property according to the National Wetlands Inventory Map. The presence and extent of adverse impacts from future development on the parcel would be limited through review of the development for compliance with applicable Land Development Code regulations.
CRITERION (6)
Development patterns, LDC Sec. 2-7.2(b)(4)e.
Whether the proposed rezoning would contribute to or result in a logical and orderly development pattern.
FINDINGS
The proposed rezoning would contribute to or result in a logical and orderly development pattern. |
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