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5. A.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: HC/LI, Heavy Commercial and Light Industrial district (Dwelling unit density limited to vested residential development. Lodging unit density not limited by zoning.)
TO: HDMU, High Density Mixed-use 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 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 HDMU is consistent with the intent and purpose of Future Land Use category MU-U as stated in CPP FLU 1.3.1. The Comprehensive Plan allows for a mix of residential and commercial development. The parcel will use the existing roadway and infrastructures. |
| 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.
High Density Mixed-use district (HDMU)
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 (LDMU) district.
Permitted uses. Permitted uses within the HDMU district are limited to the following:
Residential. The following residential uses are allowed throughout the district, but if within a Commercial (C) future land use category they are permitted only if part of a predominantly commercial development.
Group living, excluding dormitories, fraternity and sorority houses, and residential facilities providing substance abuse treatment, post-incarceration reentry, or similar services.
Manufactured (mobile) homes, including manufactured home subdivisions, but excluding new or expanded manufactured home parks.
Single-family dwellings (other than manufactured homes), detached or attached, including townhouses and zero lot line subdivisions.
Two-family and multi-family dwellings.See also conditional uses in this district.
Retail sales. Small-scale (gross floor area 6000 sq.ft. or less per lot) retail sales, including sales of beer and wine, but excluding sales of liquor, automotive fuels, or motor vehicles, and excluding permanent outdoor storage, display, or sales. See also conditional uses in this district.
Retail services. The following small-scale (gross floor area 6000 sq.ft. or less per lot) retail services, excluding outdoor work or permanent outdoor storage:
Bed and breakfast inns.
Boarding and rooming houses.
Child care facilities.
Personal services, including those of beauty shops, health clubs, pet groomers, dry cleaners, and tattoo parlors.
Professional services, including those of realtors, bankers, accountants, engineers, architects, dentists, physicians, and attorneys.
Repair services, including appliance repair, furniture refinishing and upholstery, watch and jewelry repair, small engine and motor services, but excluding major motor vehicle or boat service or repair.
Restaurants, including on-premises consumption of alcoholic beverages, but excluding drive-in or drive-through service.See also conditional uses in this district.
Public and civic.
Preschools and kindergartens.
Emergency service facilities, including law enforcement, fire fighting, and medical assistance.
Foster care facilities.
Places of worship.
Public utility structures, excluding telecommunications towers.See also conditional uses in this district.
Recreation and entertainment.
Marinas, private only.
Parks without permanent restrooms or outdoor event lighting.See also conditional uses in this district.
Industrial and related. No industrial or related uses.
Agricultural and related. Agricultural production limited to food primarily for personal consumption by the producer, but no farm animals.
FINDINGS
The proposed amendment is consistent with the intent and purpose of the Land Development Code. The amendment would still allow for residential uses while removing certain types of commercial development that are currently allowed in the HC/LI zoning. |
| 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 foot radius impact area, staff observed properties with zoning districts HC/LI and LDR. The parcel is approximately 52 acres with a large amount of wetlands and floodways which may limit the amount of uplands for development. The parcel to the west is a developed residential subdivision and the other adjacent parcels are currently vacant. Across Nine Mile Road to the west is Navy Federal Credit Union. |
| 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
With the expansion of Navy Federal Credit Union, there could be an increased need for residential development in the area, which HDMU would allow. |
| 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. If the proposed amendment is approved, there could be more diverse residential uses such as two-family and multi-family developments as well as some retail sales and services along Nine Mile Road. At the time of site plan review, the impacts on the roadway will be reviewed. If this amendment is approved, it will allow more residential uses than the current zoning.
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 property. A large portion of this property is located within the FEMA designated floodway. 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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