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    7. C.    
Planning Board-Rezoning
Meeting Date: 03/01/2016  
CASE :    Z-2016-03
APPLICANT: E.B. Williams, Jr., Manager for Sandpiper Investments of Pensacola, LLC, Owner
ADDRESS: 2507 Kelso Road
PROPERTY REF. NO.: 04-1S-30-0101-001-017
FUTURE LAND USE: C, Commerical  
DISTRICT: 4  
OVERLAY DISTRICT: N/A
BCC MEETING DATE: 04/07/2016

SUBMISSION DATA:
REQUESTED REZONING:

FROM: Com, Commercial (25 du/acre)

TO: HDR, High Density Residential (18 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
 
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 1.31 Future Land Use Categories. The Commercial (C) category is intended for professional office, retail, wholesale, service and general business trade. Residential development may be permitted only if secondary to a primary commercial development.

FINDINGS
The proposed amendment to High Density Residential is not currently consistent with the intent and purpose of Future Land Use category of Commercial (C) as stated in CPP FLU 1.3.1. High Density Residential (HDR) zoning may be established only within the Mixed-Use Suburban (MU-S) or Mixed-Use Urban (MU-U) Future Land Use category. The applicant has requested a Small Scale Map Amendment to the Future Land Use Map (FLUM) to change the FLU from Commerical (C) to Mixed-Use Urban (MU-U). If approved, the proposed amendment to HDR would be consistent with the intent and purpose of the proposed Future Land Use category Mixed-Use Urban (MU-U).
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. 3-2.10 Commercial district (Com).
(a) Purpose. The Commercial (Com) district establishes appropriate areas and land use regulations for general commercial activities, especially the retailing of commodities and services. The primary intent of the district is to allow more diverse and intense commercial uses than the neighborhood commercial allowed within the mixed-use districts. To maintain compatibility with surrounding uses, all commercial operations within the Commercial district are limited to the confines of buildings and not allowed to produce undesirable effects on surrounding property. To retain adequate area for commercial activities, new and expanded residential development within the district is limited, consistent with the Commercial (C) future land use category.

Sec. 3-2.8 High Density Residential district (HDR).
(a) Purpose. The High Density Residential (HDR) district establishes appropriate areas and land use regulations for residential uses at high densities within 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 and diversity than the Medium Density Residential district. Residential uses within the HDR district include most forms of single-family, two-family and multi-family dwellings. Non-residential uses within the district are limited to those that are compatible with urban residential neighborhoods.

FINDINGS
The proposed amendment is consistent with the intent and purpose of the Land Development Code. The proposed High Density Residential (HDR) zoning allows for a mix of residential uses.
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 radius impact area, staff observed properties with zoning districts Medium Density Residential (MDR) and Commercial (Com). A mix of residential and office buildings were found surrounding the property.
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. The surrounding area is mixed with residential and commercial uses.

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
Wetlands and hydric soils were not indicated on the subject property according to the National Wetland Inventory. 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-2016-03

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