|
Back to Calendar
Return
|
| |
5. A.
|
| Planning Board-Rezoning |
|
|
|
| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: HDMU, High Density Mixed-use district (25 du/acre)
TO: HC/LI-NA, Heavy Commercial and Light Industrial district, designation prohibiting the subsequent establishment of any bars, nightclubs, or adult entertainment uses on the rezoned property. (Dwelling unit density limited to vested residential development.)
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.
CPP FLU 1.5.3 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, Mixed-Use Urban, Commercial and Industrial Future Land Use districts categories (with the exception of residential development).
FINDINGS
The proposed amendment to HC/LI-NA is consistent with the intent and purpose of Future Land Use category MU-U as stated in CPP FLU 1.3.1 because Mixed-Use Urban allows for retail commercial while providing a separation between existing residential uses. As stated in CPP FLU 1.5.3, the parcel will utilize existing roads and infrastructures while maximizing the use of vacant land. |
| 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.
Sec. 3-2.9 High Density Mixed-use district (HDMU).
(a) Purpose. The High Density Mixed-use (HDMU) district establishes appropriate areas and land use regulations for a complimentary mix of high density residential uses and compatible non-residential uses within urban areas. The primary intent of the district is to provide for a mix of neighborhood retail sales, services and professional offices with greater dwelling unit density and diversity than the Low Density Mixed-use district. Additionally, the HDMU district is intended to rely on urban street connectivity and encourage vertical mixes of commercial and residential uses within the same building to accommodate a physical pattern of development characteristic of village main streets and older neighborhood commercial areas. Residential uses within the district include all forms of single-family, two-family and multi-family dwellings.
Sec. 3-2.11 Heavy Commercial and Light Industrial district (HC/LI).
(a) Purpose. The Heavy Commercial and Light Industrial (HC/LI) district establishes appropriate areas and land use regulations for a complementary mix of industrial uses with a broad range of commercial activities. The primary intent of the district is to allow light manufacturing, large-scale wholesale and retail uses, major services, and other more intense uses than allowed in the Commercial district. The variety and intensity of non-residential uses within the HC/LI district is limited by their compatibility with surrounding uses. All commercial and industrial operations are limited to the confines of buildings and not allowed to produce undesirable effects on other property. To retain adequate area for commercial and industrial activities, other uses within the district are limited.
HC/LI-NA designation. Any applicant for rezoning to the HC/LI zoning district may request a HC/LI-NA designation prohibiting the subsequent establishment of any bars, nightclubs, or adult entertainment uses on the rezoned property. The 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 according to the rezoning process of Chapter 2, the HC/LI-NA zoning designation and its prohibitions shall apply to the property, regardless of ownership, unless the parcel is rezoned.
FINDINGS
The proposed amendment is not consistent with the intent and purpose of the Land Development Code. Although there are parcels in the surrounding area that have commercial uses, the subject parcel is on a collector roadway, which does not meet the locational criteria in Chapter 3, Section 3-2.11(e). The applicant has submitted a compatibility analysis providing regarding the parcel or use. The subject parcel is within the Palafox redevelopment area. CRA has provided comments.
|
| 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. Within the 500' radius impact area, staff observed properties with zoning districts Com and HDMU. Along Massachusetts Avenue there are several existing commercial businesses. Rezoning the subject parcel will allow for activities and development that will be able to coexist and avoid undesirable effects on the neighboring properties and residential uses. Any development on the parcel will go through the Site Plan Review process to ensure all buffering standards and other county land development regulations are followed. |
| 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 a rezoning case Z-2001-44 that was approved from R-6 to C-1, and a conditional use, CU-2011-12, was granted on a parcel across Massachusetts Avenue. In 2008 a Development Order was issued for a commercial project on the westerly portion of the subject parcel in combination with the property to the west. These changes would not impact the amendment or property(s). |
| 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. Massachusetts Avenue functions as a commercial corridor between two arterial roadways, "W" Street and Palafox/Pace Boulevard. The location is in an area where already established non-residential uses are consistent with HC/LI, and the requested rezoning would constitute infill development of similar intensity as the conforming development on surrounding parcels.
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. |
|
|
|
|