Agenda

Back to Calendar Return

4. B.

Planning Board-Rezoning

Meeting Date:	09/01/2015
CASE : Z-2015-13
APPLICANT:	J. Dan Gilmore, Agent for Exit 3 Investments, LLC
ADDRESS:	Detailed Specific Area Plan (DSAP)
PROPERTY REF. NO.:	Multiple (Listed Below)
FUTURE LAND USE:	Agricultural, (AG) and Rural Community (RC)
DISTRICT:	5
OVERLAY DISTRICT:	Optional Sector Plan, Jacks Branch DSAP
BCC MEETING DATE:	10/08/2015

SUBMISSION DATA:

REQUESTED REZONING:

FROM: Agricultural district (Agr), density of one dwelling unit per 20 acres and Rural Mixed-use district (RMU), density of two dwelling units per acre

TO: Low Density Residential district (LDR), Detailed Specific Area Plan Land Use Conservation Neighborhood with a maximum density of 3 dwelling units per net acre.

Medium Density Residential district (MDR), Detailed Specific Area Plan Land Use Suburban Garden with a maximum density of 10 dwelling units per acre.

High Density Residential district (HDR), Detailed Specific Area Plan Land Use Traditional Garden with a maximum density of 15 dwelling units per acre.

High Density Residential district (HDR), Detailed Specific Area Plan Land Use Traditional Village with a maximum density of 20 dwelling units per acre.

High Density Mixed-use district (HDMU), Detailed Specific Area Plan Land Use Neighborhood Center, with a maximum gross floor area of 15,000 square feet.

Commercial district (Com), Detailed Specific Area Plan Land Use Village Center, with a maximum gross floor area of 200,000 square feet.

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)

APPROVAL CONDITIONS

Criterion a., LDC Sec. 2-7.2(b)(4)

Consistent with Comprehensive Plan,
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

FLU 16.5.1 The OSP shall contain mixed-use town, village and neighborhood centers. The location of these centers shall be generally consistent with the conceptual long-term build-out overlay. The intent of these centers is to provide recreation, retail, service, and employment opportunities within close proximity to residential neighborhoods. These centers and the surrounding neighborhoods shall be linked by interconnected, multi-modal transportation corridors containing pedestrian, bicycle, public transit and auto facilities, thereby encouraging alternative forms of travel and reducing both VT and VMT.

FLU 16.5.2 The OSP shall contain a mixture of residential neighborhoods that vary in regards to dwelling unit type and density. The location of these neighborhoods shall be generally consistent with the conceptual long-term build-out overlay. The intent of these neighborhoods is to provide a variety of housing options and within close proximity to schools and parks as well as retail, service, and employment opportunities. The location and design of new neighborhoods shall be such that they ensure the continued protection of natural resources and existing neighborhoods, promote a strong sense of community, and provide access to nearby recreational opportunities.

FLU 16.6.2 Approval of zoning changes shall be based on consistency with the OSP principles and guidelines outlined in FLU 16.1.1. Specifically, such changes shall consider the impact on the overall DSAP in terms of the central focus of the land uses in the DSAP, with higher density in general proximity to Centers.

FLU 16.6.3 Once a DSAP is adopted by the Board of County Commissioners, all applications for development approval (i.e., lot splits, special exceptions, variances) under the existing zoning shall be evaluated for compatibility with the adopted DSAP.

FINDINGS

As requested by the applicant and based on the legal descriptions and surveys prepared, signed and certified by Fred R. Thompson, Professional Land Surveyor, Northwest Florida Land Surveying, Inc., dated 3/10/2015 and 7/20/2015, the following zoning designations will result:

Tax parcel #1, property reference number 21-2N-31-2100-000-000, approximately 62.62 acres from Agr to LDR, under the DSAP Conservation Neighborhood land use, maximum density of 3 dwelling units per acre.

Tax parcel #2, property reference number 20-2N-31-1110-000-000, approximately 78.92 acres from Agr to LDR, under the DSAP Conservation Neighborhood land use, maximum density of 3 dwelling units per acre.

Tax parcel #3, property reference number 20-2N-31-4220-000-000, approximately 111.04 acres from Agr to MDR, under the DSAP Conservation Neighborhood land use, maximum density of 3 dwelling units per acre and Suburban Garden land use, maximum density of 10 dwelling units per acre.

Tax parcel #4, property reference number 20-2N-31-4300-000-000, approximately 77.96 acres from Agr to LDR, under the DSAP Conservation Neighborhood land use, maximum density of 3 dwelling units per acre; MDR, under the DSAP Suburban Garden land use, maximum density of 10 dwelling units per acre; HDMU, under the DSAP Neighborhood Center use, maximum Gross Floor Area of 15,000 square feet.

Tax parcel #5, property reference number 20-2N-31-3100-000-000, approximately 72.40 acres from Agr to LDR, under the DSAP Conservation Neighborhood land use, maximum density of 3 dwelling units per acre.

Tax parcel #6, property reference number 20-2N-31-3000-000-000, approximately 63.56 acres from Agr to MDR, under the DSAP Suburban Garden land use, maximum density of 10 dwelling units per acre.

Tax parcel #7, property reference number 29-2N-31-3120-000-000, approximately 106.37 acres from Agr to LDR, under the DSAP Conservation Neighborhood land use, maximum density of 3 dwelling units per acre; and to MDR, under the DSAP Suburban Garden land use, maximum density of 10 dwelling units per acre.

Tax parcel #8, property reference number 29-2N-31-2100-000-000, approximately 88.04 acres from Agr to MDR, under the DSAP Suburban Garden land use, maximum density of 10 dwelling units per acre; and to HDR, under the DSAP Traditional Garden land use, maximum density of 15 dwelling units per acre.

Tax parcel #9, property reference number 29-2N-31-1100-000-000, approximately 95.17 acres from Agr to MDR, under the DSAP Suburban Garden land use, maximum density of 10 dwelling units per acre.

Tax parcel #10 is not included.

Tax parcel #11, property reference number 29-2N-31-3100-000-000, approximately 98.98 acres from Agr to MDR, under the DSAP Suburban Garden land use, maximum density of 10 dwelling units per acre; to HDR, under the DSAP Traditional Garden land use, maximum density of 15 dwelling units per acre; to Commercial, under the DSAP Village Center land use, maximum Gross Floor Area of 200,000 square feet.

Tax parcel #12, property reference number 32-2N-31-3101-000-000, approximately 160.00 acres from Agr to LDR, under the DSAP Conservation Neighborhood land use, maximum density of 3 dwelling units per acre; MDR, under the DSAP Suburban Garden land use, maximum density of 10 dwelling units per acre.

Tax parcel #13, property reference number 29-2N-31-4000-000-000, approximately 47.49 acres from Agr to HDR, under the DSAP Traditional Garden land use, maximum density of 15 dwelling units per acre; to Commercial, under the DSAP Village Center land use, maximum Gross Floor Area of 200,000 square feet.

Tax parcel #14, property reference number 32-2N-31-1103-000-000, approximately 78.96 acres from Agr to HDR, under the DSAP Traditional Village land use, maximum density of 20 dwelling units per acre; to Commercial, under the DSAP Village Center land use, maximum Gross Floor Area of 200,000 square feet.

Tax parcel #15, property reference number 32-2N-31-2000-000-003, approximately 121.30 acres from RMU to LDR, under the DSAP Conservation Neighborhood land use, maximum density of 3 dwelling units per acre.

Tax parcel #16, property reference number 32-2N-31-2000-000-001, approximately 19.86 acres from Agr to LDR, under the DSAP Conservation Neighborhood land use, maximum density of 3 dwelling units per acre.

Tax parcel #17, property reference number 32-2N-31-2000-000-002, approximately 20.00 acres from RMU to LDR, under the DSAP Conservation Neighborhood land use, maximum density of 3 dwelling units per acre.

Tax parcel #18 is not included.

Tax parcel #11(*), property reference number 32-2N-31-4206-000-000, approximately 114.36 acres from Agr to LDR, under the DSAP Conservation Neighborhood land use, maximum density of 3 dwelling units per acre; MDR, under the DSAP Suburban Garden land use, maximum density of 10 dwelling units per acre.

The proposed amendment to Commercial district is consistent with intent of Comprehensive Plan Policy (CPP) FLU 16.5.1 by allowing retail, service, and employment opportunities within close proximity to multiple residential neighborhoods. The applicant's request to Commercial zoning provides for the allowed uses and intensities listed under the Village Center land use designation, as described on the DSAP.

The proposed amendment to High Density Mixed-Use district is consistent with intent of Comprehensive Plan Policy (CPP) FLU 16.5.1 by allowing retail, service, and employment opportunities within close proximity to multiple residential neighborhoods. The applicant's request to HDMU provides for the allowed uses and intensities listed under the Neighborhood Center land use designation, as described on the DSAP.

The proposed amendment to Low Density Residential, DSAP land use Conservation, is consistent with the intent and purpose of CPP FLU 16.5.2, based on the adopted allowed zoning densities and intensities delineated within the Escambia County Mid-West Sector Plan, Jacks Branch DSAP.

The proposed amendment to Medium Density Residential, DSAP Land Use Suburban Garden, is consistent with the intent and purpose of CPP FLU 16.5.2, based on the adopted allowed zoning densities and intensities delineated within the Escambia County Mid-West Sector Plan, Jacks Branch DSAP.

The proposed amendment to High Density Residential, DSAP Land Use Traditional Garden, is consistent with the intent and purpose of CPP FLU 16.5.2, based on the adopted allowed zoning densities and intensities delineated within the Escambia County Mid-West Sector Plan, Jacks Branch DSAP.

The proposed amendment to High Density Residential, DSAP Land Use Traditional Village, is consistent with the intent and purpose of CPP FLU 16.5.2, based on the adopted allowed zoning densities and intensities delineated within the Escambia County Mid-West Sector Plan, Jacks Branch DSAP.

The proposed amendment to Commercial, High Density Mixed-use, Low, Medium and High Density Residential respectively, will comply with the allowed target densities identified in the Land Use Plan and Development Program, Section 2.02 of the Development Program for each Branch. The proposed amendment, by zoning district, is consistent with CPP FLU 16.6.2, as the adopted DSAP and described zoning districts are compatible to the land uses identified in Figure 2.01.A, Final Land Use Plan.

Criterion b., LDC Sec. 2-7.2(b)(4)

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.

FINDINGS

The proposed amendment is consistent with the intent and purpose of the Land Development Code. The proposed rezoning request is necessary to maintain consistency with the underlying existing zoning districts of the surrounding properties, while abiding to the designated target densities identified by the standards contained in the adopted DSAPs. At the time of individual development submittal, each project will be evaluated separately to ensure compliance with densities and all other design standards as outlined in the Escambia County Mid-West Sector Plan, Jacks Branch Detailed Specific Area Plan (DSAP).

Criterion c., LDC Sec. 2-7.2(b)(4)

Compatible with surrounding uses
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 proposed amendment is compatible with surrounding existing uses in the area. Based on the community design principles used to develop the DSAPs and using the guidelines contained within the Escambia County Mid-West Sector Plan, the existing and proposed land uses will be consistent with the Development Program for each Branch and compatible with the overall intent of the Plan.

Criterion d., LDC Sec. 2-7.2(b)(4)

Changed conditions
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

There are changed conditions that would impact the amendment or property(s). The proposed amendment includes a request for multiple zoning districts for several parcels located within the boundaries of the adopted Escambia County Mid-West Sector Plan, Jacks Branch DSAP. The underlying zoning districts guide the development standards for individual properties, while large development proposals are regulated by the Final Land Use Plan Map and the design standards of the DSAP.

Criterion e., LDC Sec. 2-7.2(b)(4)

Development patterns
Whether the proposed rezoning would contribute to or result in a logical and orderly development pattern.

FINDINGS

One of the primary goals of the Sector Plan is to encourage cohesive and sustainable development patterns within central Escambia County, emphasizing urban form and the protection of regional resources and facilities. Based on the Escambia County Mid-West Sector Plan, DSAP document, the proposed amendments would result in a logical and orderly development pattern. Any individually proposed development, in the future, will be reviewed and approved thru the Development Review Committee process.

Effect on natural environment
Whether the proposed rezoning would increase the probability of any significant adverse impacts on the natural environment.

FINDINGS

According to the National Wetland Inventory, wetlands and hydric soils were indicated on the subject properties. The applicant has included a survey depicting a rough estimate of the existing wetlands within the boundaries of the parcels. FLU 16.4.6.3 states that land within a DSAP and located within areas designated as Low-Impact natural Resource Areas (LINRAs), will be evaluated during the development review process for environmental significance. Land uses, densities, and intensities will be that of the underlying land use plan. However, wetlands and other environmentally sensitive lands as defined in Section 3.04 will be subject to the relevant requirements of Conservation Policies 1.3.7, 1.3.8 and Conservation Objective 1.4. Lands identified through the permitting process for preservation shall be protected through the recordation of conservation easements consistent with guidelines of the DSAP and Florida Statutes.

Attachments
Z-2015-13