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7. B.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM:Com, Commercial district (25 du/acre)
TO: MDR, Medium Density Residential district (ten 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 provisions
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 MDR is consistent with the intent and purpose of Future Land Use category MU-U as stated in CPP FLU 1.3.1.. The Future Land Use of Mixed-Use Urban allows for a mix of residential and retail services. |
| 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. 3-3.3 Barrancas Overlay (Barr-OL).
Purpose. The Barrancas Overlay (Barr-OL) district establishes supplemental land use regulations to support the objectives of the adopted Barrancas area community redevelopment plan. The intent of the additional land use controls is to enhance the character of an area changed by the realignment of Barrancas Avenue and undergoing revitalization, and to alleviate the harmful effects of industrial pollutants on the waters of Bayou Chico.
Sec. 3-2.7 Medium Density Residential district (MDR)
Purpose. The Medium Density Residential (MDR) district establishes appropriate areas and land use regulations for residential uses at medium densities within suburban or urban areas. The primary intent of the district is to provide for residential neighborhood development in an efficient urban pattern of well-connected streets and at greater dwelling unit density than the Low Density Residential district. Residential uses within the MDR district are limited to single-family and two-family dwellings. The district allows non-residential uses that are compatible with suburban and urban residential neighborhoods.
FINDINGS
The proposed amendment is consistent with the intent and purpose of the Land Development Code. A small portion of the parcel is in the Barrancas overlay area and the CRA department has included findings of no concern. The MDR zoning allows for an intense mix of residential and commercial development. The proposed rezoning to MDR is a down zoning which will allow the property owner to develop a suitable residential structure that will be compatible with other dwellings along Palao Road and the surrounding area. |
| 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 rezoning to MDR is a less intense zoning designation than the current Commercial zoning. This down zoning will enhance the character of the area that is currently residential. Within the 500' radius impact area, there are properties with zoning districts Com and MDR. The request to rezone to MDR is consistent with the surrounding neighborhood. |
| 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. |
| 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. In the area, there are commercially zoned parcels to the west and north of the subject parcel but the majority of the surrounding parcels are residential in zoning and use.
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. |
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