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7. a.

Planning Board-Rezoning

Meeting Date:	10/04/2016
CASE : Z-2016-07
APPLICANT:	Joe Rector (Dewberry/Preble-Rish), Agent for Jewell C. Bradfield, Owner
ADDRESS:	2793 Highway 297A
PROPERTY REF. NO.:	36-1N-31-1100-000-000
FUTURE LAND USE:	MU-S, Mixed-Use Suburban
DISTRICT:	5
OVERLAY DISTRICT:	NA
BCC MEETING DATE:	11/03/2016

SUBMISSION DATA:

REQUESTED REZONING:

FROM: LDR, Low Density Residential district (four du/acre)

TO: MDR, Medium Density Residential district (10 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.

FLU 1.3.1 Future Land Use Categories. The Mixed-Use Suburban (MU-S) Future Land Use (FLU) is intended for a mix of residential and non-residential uses while promoting compatible infill development and the separation of urban and suburban land uses. The range of allowable uses includes: Residential, retail sales & services, professional office, recreational facilities, public and civic.

CPP 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, Mixed-Use Urban (MU-U), Commercial (C), and Industrial (I) FLU categories (with the exception of residential development).

CPP FLU 2.1.2 Compact Development. To promote compact development, FLUM amendments and residential re-zonings to allow for higher residential densities to be allowed in the MU-U and MU-S future land use categories.

FINDINGS
The proposed amendment to MDR is consistent with the intent and purpose of FLU category MU-S, as stated in CPP FLU 1.3.1. The MU-S range of uses allows residential, retail sales and services, professional office, recreational facilities, public and civic while promoting the efficient use of existing roads, utilities, and service infrastructure. The Comprehensive Plan allows for higher residential densities in the MU-U and MU-S FLU categories, as stated in CPP FLU 2.1.2.

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. 3-2.5 Low Density Residential district (LDR).
(a) Purpose. The Low Density Residential (LDR) district establishes appropriate areas and land use regulations for residential uses at low densities within suburban areas. The primary intent of the district is to provide for large-lot suburban type residential neighborhood development that blends aspects of rural openness with the benefits of urban street connectivity, and at greater density than the Rural Residential district. Residential uses within the LDR district are predominantly detached single-family dwellings. Clustering dwellings on smaller residential lots may occur where needed to protect prime farmland from non-agricultural use or to conserve and protect environmentally sensitive areas. The district allows non-residential uses that are compatible with suburban residential neighborhoods and the natural resources of the area.

Sec. 3-2.7 Medium Density Residential district (MDR).
(a) 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.
(b) Permitted uses. Permitted uses within the MDR district are limited to the following:
(1) Residential.
a. Manufactured (mobile) homes only within manufactured home parks or subdivisions. No new or expanded manufactured home parks, and new or expanded manufactured home subdivisions only on land zoned V-4 prior to adoption of MDR zoning.
b. Single-family dwellings (other than manufactured homes), detached and only one per lot, excluding accessory dwellings. Accessory dwellings only on lots one acre or larger. Attached single-family dwellings and zero lot line subdivisions only on land zoned R-3 or V-4 prior to adoption of MDR zoning.
c. Two-family dwellings only on land zoned R-3 or V-4 prior to adoption of MDR zoning, and multi-family dwellings up to four units per dwelling (quadruplex) only on land zoned V-4 prior to MDR zoning.
See also conditional uses in this district.

(2) Retail sales. No retail sales.

(3) Retail services. No retail services. See conditional uses in this district.

(4) Public and civic. Public utility structures, excluding telecommunications towers. See also conditional uses in this district.

(5) Recreation and entertainment.
a. Marinas, private.
b. Parks without permanent restrooms or outdoor event lighting.
See also conditional uses in this district.

(6) Industrial and related. No industrial or related uses.

(7) Agricultural and related. Agricultural production limited to food primarily for personal consumption by the producer, but no farm animals. See also conditional uses in this district.

(8) Other uses. [reserved]

FINDINGS
The proposed amendment is consistent with the intent and purpose of the Land Development Code (LDC). The location would promote compact development and not contribute to or promote strip commercial development. However, the proposed rezoning would result in an isolated zoning district of MDR surrounded by LDR zoning. The requested MDR zoning district would allow for greater flexibilty in clustering the proposed development away from the approximate 8.6 acres of wetlands located onsite.

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 is compatible with surrounding existing uses in the area. All parcels in the 500' radius impact area are zoned Low Density Residential (LDR) consisting of single-family dwellings on lots ranging from 0.66 acres to 6.35 acres.

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. This site was approved in 2001 to rezone from VR-1 to V-1 (Z-2001-26) under the previous LDC, yet the property was never developed.

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 proposed amendment would allow for single family dwellings that would be compatible with the surrounding area.

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 northern portion of the subject property. The proposed rezoning would allow for residential development away from the indicated wetlands. Approximately 8.6 acres of wetlands are located on the site. The applicant states development would not impact the wetlands and placed in conservation. When applicable, further review during the Site Plan Review process.

Attachments
Working Case File Z-2016-07