Agenda

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6. B.

Planning Board-Rezoning

Meeting Date:	01/05/2016
CASE : Z-2015-22
APPLICANT:	Thomas Hammond, Agent for Eli H. Miller, Owner
ADDRESS:	Northwest Corner of Highway 196 and Highway 95-A
PROPERTY REF. NO.:	22-2N-31-1103-000-000
FUTURE LAND USE:	RC, Rural Community
DISTRICT:	5
OVERLAY DISTRICT:	N/A
BCC MEETING DATE:	02/02/2016

SUBMISSION DATA:

REQUESTED REZONING:

FROM: Agr, Agriculture district (one du/20 acres)

TO: RMU, Rural Mixed-use district (two 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 Policy (CPP) FLU 1.1.1 Development Consistency. New development and redevelopment in unincorporated Escambia County will 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 Rural Community (RC) category is intended to recognize existing residential development and neighborhood serving nonresidential activity through a compact development pattern that serves the rural and agricultural areas of Escambia County. The range of allowable uses include: agriculture, silviculture, residential, recreational facilities, public and civic, compact traditional neighborhood supportive commercial. The maximum residential density is 2 dwelling units per acre.

CPP FLU 3.1.4 Rezoning. Escambia County will protect agriculture and the rural lifestyle of northern Escambia County by permitting re-zonings to districts, allowing for higher residential densities in the Rural Community (RC) future land use category.

FINDINGS
The proposed amendment to Rural Mixed-Use (RMU) is consistent with the intent and purpose of Future Land Use category Rural Community (RC) as stated in CPP FLU 1.3.1. The increased density is consistent with the allowable uses of the Future Land Use category. The Comprehensive Plan permits rezoning to districts allowing higher residential densities in the Rural Community (RC) Future Land Use as stated in FLU 3.1.4.

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. 3-2.2 Agricultural district (Agr)
(a) Purpose. The Agricultural (Agr) district establishes appropriate areas and land use regulations for the routine agricultural production of plants and animals, and such related uses as silviculture and aquaculture. The primary intent of the district is to avoid the loss of prime farmland to other uses, its division into smaller parcels of multiple owners, and other obstacles to maintaining or assembling sufficient agricultural acreage for efficient large-scale farming. Other than agricultural production, non-residential uses within the Agricultural district are generally limited to rural community uses that directly support agriculture, and to public facilities and services necessary for the basic health, safety, and welfare of a rural population. The absence of urban or suburban infrastructure is intentional. Residential uses within the district are largely self-sustaining, consistent with rural land use and limited infrastructure. Single-family dwellings are allowed at a very low density sufficient for the needs of the district’s farm-based population.

Sec. 3-2.4 Rural Mixed-use district (RMU)
(a) Purpose. The Rural Mixed-use (RMU) district establishes appropriate areas and land use regulations for a mix of low density residential uses and compatible non-residential uses within areas that have historically developed as rural or semi-rural communities. The primary intent of the district is to sustain these communities by allowing greater residential density, smaller residential lots, and a more diverse mix of non-residential uses than the Agricultural or Rural Residential districts, but continue to support the preservation of agriculturally productive lands. The RMU district allows public facilities and services necessary for the health, safety, and welfare of the rural mixed-use community, and other non-residential uses that are compact, traditionally neighborhood supportive, and compatible with rural community character. District communities are often anchored by arterial and collector streets, but they are not characterized by urban or suburban infrastructure. Residential uses are generally limited to detached single-family dwellings, consistent with existing rural communities and limited infrastructure.

(b) Permitted uses. Permitted uses within the RMU district are limited to the following:
(1) Residential.
a. Manufactured (mobile) homes, excluding new or expanded manufactured home parks or subdivisions.
b. Single-family dwellings (other than manufactured homes), detached only, on lots one half acre or larger.
See also conditIonal uses in this district.

(2) Retail sales. The following small-scale (gross floor area 6000 sq.ft. or less per lot) retail sales with no outdoor storage:
a. Automotive fuel sales.
b. Convenience stores.
c. Drugstores.
d. Grocery or food stores, including bakeries and butcher shops whose products are prepared and sold on the premises.
e. Hardware stores.
See also permitted agricultural and related uses and conditional uses in this district.

(3) Retail services. The following small scale (gross floor area 6000 sq.ft. or less per lot) retail services with no outdoor work or storage.
a. Bed and breakfast inns.
b. Personal services, including those of beauty shops, health clubs, pet groomers, dry cleaners, and tattoo parlors.
c. Professional services, including those of realtors, bankers, accountants, engineers, architects, dentists, physicians, and attorneys.
d. Repair services, including motor vehicle repair, appliance repair, furniture refinishing and upholstery, watch and jewelry repair, and small engine and motor services.
e. Restaurants, excluding on-premises consumption of alcoholic beverages and drive-in or drive-through service.
See also permitted agricultural and related uses and conditional uses in this district.

(4) Public and civic.
a. Cemeteries, including family cemeteries.
b. Clubs, civic or fraternal.
c. Community service facilities, including auditoriums, libraries, museums, and neighborhood centers.
d. Educational facilities, including preschools, K-12, colleges, and vocational schools, on lots one acre or larger.
e. Emergency service facilities, including law enforcement, fire fighting, and medical assistance.
f. Funeral establishments.
g. Offices for government agencies or public utilities, small scale (gross floor area 6000 sq.ft. or less per lot).
h. Places of worship on lots one acre or larger.
i. Public utility structures 150 feet or less in height, excluding telecommunications towers.
See also, conditional uses in this district.

(5) Recreation and entertainment.
a. Campgrounds and recreational vehicle parks on lots five acres or larger.
b. Golf courses, tennis centers, swimming pools and similar active outdoor recreational facilities, including associated country clubs.
c. Marinas, private only.
d. Parks, with or without permanent restrooms or outdoor event lighting.
See also conditional uses in this district.

(6) Industrial and related. Borrow pit and reclamation activities 20 acres minimum and subject to local permit and development review requirements per Escambia County Code of Ordinances, Part I, Chapter 42, article VIII, and location and use regulation Part III, the Land Development Code, chapter 4. *Borrow pits require conditional use on land zoned RR prior to the adoption of the RMU zoning.

(7) Agricultural and related.
a. Agriculture, including raising livestock, storing harvested crops, and cultivation of nursery plants. A minimum of two acres for keeping any farm animal on site and a maximum of one horse or other domesticated equine per acre.
b. Agricultural research or training facilities.
c. Aquaculture, marine or freshwater.
d. Farm equipment and supply stores.
e. Produce display and sales of fruit, vegetables and similar agricultural products.
f. Silviculture.
g. Stables, public or private, on lots two acres or larger.
h. Veterinary clinics, excluding outside kennels.
See also conditional uses in this district.

(8) Other uses.
a. Airports, private only, including crop dusting facilities.

FINDINGS
The proposed amendment is consistent with the intent and purpose of the Land Development Code. The proposed change would be compatible with the surrounding zonings within the Rural Community (RC) Future Land Use category. The parcel is along the intersection of two collector roadways and is adjacent to other parcels with similar residential uses and zonings. The location would promote compact development and not contribute to or promote strip commercial development.

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. Properties with zoning districts Agr, RR and RMU were found within the 500' radius impact area. The parcel is ±19.89 acres surrounded by single-family dwellings to the north and west. The other adjacent parcels are currently vacant.

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 no changed conditions that would 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. The primary intent of the district is to sustain rural or semi-rural communities by allowing greater residential density, smaller residential lots, and a more diverse mix of non-residential uses than the Agricultural or Rural Residential districts, but continue to support the preservation of agriculturally productive lands.

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 which may limit the amount of uplands for development. 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.

Attachments
Z-2015-22