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5. A.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: Agr, Agricultural district (one du/per 20 acres)
TO: LDR, Low Density Residential district, Detailed Specific Area Plan Land Use Conservation Neighborhood (three 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.
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 description and boundary survey prepared, signed and certified by Merrill Parker Shaw, Inc., Professional Engineering and Surveying Services, dated 10/23/03, (Exhibit A), the proposed amendment to Low Density Residential, DSAP land use designated Conservation Neighborhood, 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 Low Density Residential 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 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. The Conservation Neighborhood Land Use is the least intense development allowed under the DSAP; the performance guidelines for this type of development establish a more effective use of land and infrastructure by offering landowners alternatives to conventional, large lot development and incentivizing the conservation of natural resources. Based on the community design principles used to develop the DSAP and using the guidelines contained within the Escambia County Mid-West Sector Plan, the proposed conservation neighborhood land use will be consistent with the Development Program for Jacks Branch and compatible with the overall intent of the Plan. Staff found the following surrounding existing land uses: thirty one single family residences, two parcels used for timberland, one parcel with improved agricultural-residential use and two mobile homes. |
| 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 a parcel 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 amendment would result in a logical and orderly development pattern. Any individually proposed development, in the future, will be reviewed and approved through the Site Plan Review process.
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 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. |
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