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6. A.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: MDR-PK, Medium Density Resident district, Perdido Key (4.5 du/acre)
TO: CC-PK, Commercial Core district, Perdido Key (13 du/acre or 25 lodging units/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
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| 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 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 (CPP)and the Future Land Use Map (FLUM).
CPP FLU 1.3.1 Future Land Use Categories. The Mixed-Use Perdido Key(MU-PK) category is intended for a complimentary mix of residential, commercial and tourism (resort) related uses which provides for single family and multi-family residential; condominiums, hotels/motels, commercial, active and passive recreational facilities, plazas and other civic uses; public and quasi-public facilities (including government facilities, public utilities, religious facilities and organizations). The uses allowed in the commercial district include a full range of commercial enterprise activities and are contingent upon conformity of such uses with all requirements of this Plan and the Perdido Key zoning regulations, thereby assuring that such commercial development is undertaken in an environmentally sensitive manner. When using density transfers, densities may not be transferred to parcels south of Perdido Key Drive. The maximum residential density is 25 dwelling units per acre, maximum intensity is 6.0 Floor Area Ratio (FAR). Residential development in the MU-PK FLUM category shall be limited to 7,150 dwelling units and 1,000 lodging units.
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).
OBJ HOU 1.4 Existing Neighborhoods and Redevelopment
Protect the character of existing residential neighborhoods, provide opportunities for redevelopment, and infill development and reduce the number of substandard housing units through the continued implementation of structural and esthetic improvement programs such as but not limited to: preservation and infill, regulation enforcement, construction inspection, improvement aid, unsafe building abatement, substandard home removal, infrastructure improvement, and rental units and housing stock conservation/rehabilitation.
FINDINGS
The proposed amendment to CC-PK is not consistent with the intent and purpose of Future Land Use category MU-PK as stated in Comprehensive Plan Policy (CPP) FLU 1.3.1, the potential increase in allowable dwelling or lodging units presents conflict with the MU-PK Future Land Use category that establishes dwelling and lodging unit caps as set forth in this section. Furthermore, the requested rezoning is not consistent with CPP FLU 1.5.1, regarding the development or redevelopment of built areas, because the CC-PK zoning category does not promote the efficient use of existing infrastructure which in this case, is insufficient for the intensity of uses allowed under CC-PK zoning category and does not promote the character of the existing neighborhood, as set forth in OBJ HOU 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. 3-4.3 Medium Density Residential district, Perdido Key (MDR-PK). [previous R2 PK]
(a) Purpose. The Medium Density Residential (MDR-PK) district establishes appropriate areas and land use regulations for residential uses at medium densities and non-residential uses that are compatible with the residential neighborhoods and natural resources of the island.
Sec. 3-4.6 Commercial Core district, Perdido Key (CC-PK).
(a) Purpose. The Commercial Core (CC-PK) district establishes appropriate areas and land use regulations primarily for intense residential development and retailing of resort-related commodities and services. The regulations are intended to permit and encourage mixed-use development, including residential and lodging uses at high densities, and commercial uses associated with resort areas.
FINDINGS
The proposed amendment is not consistent with the intent and purpose of the Land Development Code, the existing transportation, stormwater, water service, and sewer infrastructure has not been demonstrated to meet the intensity of uses allowed under CC-PK zoning designation. Furthermore, within the 500' buffer there is no current CC-PK zoning.The proposed rezoning would make for a much more intense zoning in the area that has a lower zoning and density designation while also creating a spot zoning category in the location.
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| 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 not compatible with surrounding existing uses and zoning in the area. Within the 500' radius impact area, staff observed properties with zoning districts MDR-PK,COM-PK and HDR-PK. The near uses consist of five condos, a mobile home park, one Recreational Park, one RV Park, one store and four vacant parcels.There is no CC-PK in the surrounding area which makes the proposed zoning incompatible to the surrounding existing zoning.
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| 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. The current subject parcel 17080 Perdido Key Drive, had previously been rezoned to R-3PK (currently HDR-PK as adopted in the 2015 LDC) on June 5, 2008. The approved rezoning to R-3PK was a residential only district with minimal impact to the area versus the proposed commercial district. |
| 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 not result in a logical and orderly development pattern. There is no CC-PK in the surrounding area which makes the proposed zoning incompatible to the surrounding existing zoning and densities. Allowing for CC-PK would allow more intense land uses in a relatively less intense area. The nearest CC-PK district is approximately 3.5 miles away and located in the commercial core of Perdido Key.
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.
OBJ COA 2.1 General Coastal Resource Protection
Protect, conserve, and enhance coastal ecosystems, environmentally sensitive areas, water resources, living marine resources, remaining coastal barriers, wildlife habitats and other natural coastal resources.
FINDINGS
According to the National Wetland Inventory, wetlands and hydric soils were indicated on the subject property and existing flooding concerns in the area and CC-PK would allow for more impervious surfacing than the current zoning. Additionally, allowing for the requested rezoning does not adequately address the requirement of Comprehensive Plan OBJ COA 2.1 and subsequent polices to protect, preserve, and enhance the coastal ecosystems of the County. Furthermore allowing the rezoning request would be inconsistent with the long term implementation of the Habitat Conservation Plan. 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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