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5. C.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: HDMU, High Density Mixed-use district (25 du/acre) and Com, Commercial district (25 du/acre)
TO: Com, Commercial district (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)
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.
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 Urban (MU-U) Future Land Use (FLU) 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. Range of allowable uses include: Residential, Retail and Services, Professional Office, Light Industrial, Recreational Facilities, Public and Civic. The minimum residential density is 3.5 dwelling units per acre and the maximum residential density is 25 dwelling units per acre.
FINDINGS
The proposed amendment to Commercial is consistent with the intent and purpose of Future Land Use category MU-U as stated in CPP FLU 1.3.1. The Future Land Use category of Mixed-Use Urban allows for a mix of residential and commercial development, consisting of residential, retail sales and services, professional office and light industrial uses. The subject parcel will utilize the existing roadway of Nine Mile Road and the infrastructure that is already in place. |
| 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 commercial district allows for retail sales and services as well as single-family and two-family dwellings. The portion of this split zoned parcel that fronts Nine Mile Road is zoned commercial with the remainder HDMU. The rezoning would resolve the inconsistency and allow the commercial use to extend over the entire parcel. |
| 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 are 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. Within the 500' radius impact area, staff observed properties with zoning districts HDMU, Com and MDR. The rezoning request will allow land uses that are similar to those adjacent parcels along the addressed street frontage, and will be able to coexist without creating a negative impact on neighboring properties and residential uses. Any new or expanding development must meet all buffering standards as well as other county land development regulations. |
| 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
Staff found that a variance, V-2015-07, was approved for the parcel to the east across Westside Drive. Along Nine Mile Road in the area of the requested rezoning there is increasing growth and with the approval of this rezoning request, there will be expanded or new permitted uses that should in no way negatively impact the area. |
| 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
The proposed amendment would result in a logical and orderly development pattern.The site will utilize the existing ingress/egress from Nine Mile Road, which is an arterial roadway contributing to the existing development pattern.
Criterion f., LDC Sec. 2-7.2(b)(4)
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 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. |
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