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7. a.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: MDR, Medium Density Residential district (10 du/acre)
TO: Com, Commercial district (25 du/acre, lodging unit density not limited by zoning)
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.
FLU 1.3.1 Future Land Use Categories. The Mixed-Use Urban (MU-U) Future Land Use (FLU) is intended for an intense mix of residential and non-residential uses while promoting compatible infill development and the separation of urban and suburban land uses within the category as a whole. The Range of allowable uses include: Residential, retail and services, professional office, light industrial, recreational facilities, public and civic.
FLU 1.5.1 New Development and Redevelopment in Built Areas. To promote the efficient use of existing public roads, utilities, and service infrastructure, the County will encourage the redevelopment in underutilized properties to maximize development densities and intensities located in the MU-S, MU-U, Commercial, and Industrial Future Land Use categories (with the exception of residential development).
FLU 2.1.1 Infrastructure Capacities. Urban uses will be concentrated in the urbanized areas with the most intense development permitted in the Mixed-Use Urban (MU-U) areas and areas with sufficient central water and sewer system capacity to accommodate higher density development. Land use densities may be increased through Comprehensive Plan amendments. This policy is intended to direct higher density urban uses to those areas with infrastructure capacities sufficient to meet demands and to those areas with capacities in excess of current or projected demand. Septic systems remain allowed through Florida Health Department permits where central sewer is not available.
FINDINGS
The proposed amendment to Com 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. The property would promote good efficient use of existing public roads and an underutilized property that would conform with CPP FLU 1.5.1.
As per FLU 2.1.1 the uses will be concentrated in the urbanized areas with the most intense development permitted in the Mixed-Use Urban (MU-U) areas. The area should have sufficient central water and sewer system capacity to accommodate higher density development. |
| 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. 3-2.7 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.
Sec. 3-2.10 Commercial district (Com).
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. 3-2.10 (e) Location criteria. All new non-residential uses proposed within the Commercial district that are not part of a planned unit development or not identified as exempt by the district shall be on parcels that satisfy at least one of the following location criteria:(1) Proximity to intersection. Along an arterial or collector street and within one-quarter mile of its intersection with an arterial street.
(2) Proximity to traffic generator. Along an arterial or collector street and within a one-quarter mile radius of an individual traffic generator of more than 600 daily trips, such as an apartment complex, military base, college campus, hospital, shopping mall or similar generator.
(3) Infill development. Along an arterial or collector street, in an area where already established non-residential uses are otherwise consistent with the Commercial district, and where the new use would constitute infill development of similar intensity as the conforming development on surrounding parcels. Additionally, the location would promote compact development and not contribute to or promote strip commercial development.
(4) Site design. Along an arterial or collector street, no more than one-half mile from its intersection with an arterial or collector street, not abutting a single-family residential zoning district (RR, LDR or MDR), and all of the following site design conditions:
Any Intrusion into a recorded subdivision is limited to a corner lot.
A system of service roads or shared access is provided to the maximum extent made feasible by lot area, shape, ownership patterns, and site and street characteristics.
Adverse impacts to any adjoining residential uses are minimized by placing the more intensive elements of the use, such as solid waste dumpsters and truck loading/unloading areas, furthest from the residential uses.
LDC Sec. 4-4.4 Airport and airfield planning districts
(6) AIPD-2 requirements.
AIPD-2 is additional areas extended beyond AIPD?1 that is sufficiently close to the airfield to require some protections. AIPD?2 requirements are the same for all airfields. Densities and minimum lot sizes of the underlying zoning districts are not modified by AIPD-2.
FINDINGS
The proposed amendment is not consistent with the intent and purpose of the Land Development Code. The existing building on the subject parcel has been used for commercial purposes in the past but has not been in operation for the past year, at which time, the legal non-conforming status was lost. The proposed rezoning to Commercial will allow the property owner to develop more intense uses than is allowed by the current MDR zoning. The parcel is along a local roadway which does not meet the locational criteria, requiring the parcel to be along a collector or arterial roadway. The applicant provided a compatibility analysis, however, the review by staff determined that the parcel did not meet the criteria proving compatibility with the surrounding uses.
The parcel is located in the AIPD-2 overlay although the densities and minimum lot sizes of the underlying zoning districts are not modified by AIPD-2. The parcel is in the Warrington overlay area and any non-residential development must follow the requirements in LDC 3-3.8, Warrington Overlay. Community Redevelopment has no comment at this time. |
| 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 may be compatible with surrounding existing uses along Commerce Street. Within the 500' radius impact area, there are zoning districts MDR and Com. The subject parcel currently has a commercial building on site and has co-existed with the churches and the residents in the area. The intent of the commercial district is to allow more diverse and intense commercial uses. All commercial operations are limited to the confines of buildings and not allowed to produce undesirable effects on the surrounding property. There are single family residential homes and churches within the subject parcel area, therefore it appears the allowable uses within the requested zoning category will be incompatible.. Most of the commercial property is on the north side of Commerce Street. If applicable, any future commercial development will be reviewed through the Development Review (DRC) process. |
| 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
The area does not appear to be changing to the degree that new uses or intensities would be encouraged. The current parcel has been used as commercial. The small adjacent parcel to the north was once part of the subject parcel . After the original piece of land was split, the adjacent parcel to the north, requested a rezoning in 2014 and was granted approval to the current commercial zoning. |
| 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. The adjacent parcel is commercial with the majority of the commercial sites being on the north side of Commerce Street, primarily accessing Barrancas Avenue, an arterial roadway. The majority of the parcels in the area are residential. From a development standpoint, the site may have significant development restraints which will be addressed at the time of Site Plan Review.
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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