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7. c.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: LDMU, Low Density Mixed-Use district (seven 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 1.5.2 Compact Development and Maximum Densities and Intensities. To ensure that developments are designed to be compact and to accommodate travel mode choice-especially for short, local trips-the County will require minimum densities in the MU-S Future Land Use category and encourage the maximum densities and intensities in the MU-U Future Land Use category.
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 Commercial (Com)is consistent with the intent and purpose of Future Land Use (FLU)category Mixed-Use Urban (MU-U) as stated in CPP FLU 1.3.1. The FLU of MU-U 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 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. 3-2.6 Low Density Mixed-use district (LDMU).
Purpose. The Low Density Mixed-use (LDMU) district establishes appropriate areas and land use regulations for a complementary mix of low density residential uses and compatible non-residential uses within mostly suburban areas. The primary intent of the district is to provide for a mix of neighborhood-scale retail sales, services and professional offices with greater dwelling unit density and diversity than the Low Density Residential district. Additionally, the LDMU district is intended to rely on a pattern of well-connected streets and provide for the separation of suburban uses from more dense and intense urban uses. Residential uses within the district include most forms of single-family, two-family and multi-family dwellings.
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. 3-2.10 (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:
a. Any Intrusion into a recorded subdivision is limited to a corner lot.
b. 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.
c. 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.
(5) Documented compatibility. A compatibility analysis prepared by the applicant provides competent substantial evidence of unique circumstances regarding the potential uses of parcel that were not anticipated by the alternative criteria, and the proposed use, or rezoning as applicable, will be able to achieve long-term compatibility with existing and potential uses. Additionally, the following conditions exist:
a. The parcel has not been rezoned by the landowner from the mixed-use, commercial, or industrial zoning assigned by the county.
b. If the parcel is within a county redevelopment district, the use will be consistent with the district’s adopted redevelopment plan, as reviewed and recommended by the Community Redevelopment Agency (CRA).
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 consistent with the intent and purpose of the Land Development Code. As for the Location Criteria requirements of the Com zoning district, the site is located along an arterial road and in an area where already established non-residential uses are consistent with the Com zoning district. The new use would constitute infill development of similar intensity as the conforming development on surrounding parcels. 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. All requirements of the LDC will be evaluated for consistency during the Site Plan Review process. |
| 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 Com,LDMU and High Density Residential (HDR). Currently, there is a restaurant located onsite. A medical office, veterinary office, realtor office, retail center containing four businesses, multi-family and single-family residences are located in the vicinity. There are multiple existing uses in the surrounding area that are compatible with the Com zoning district. When applicable, buffering of the surrounding residential uses will be required during the Site Plan Review 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
Staff found no changed conditions that would impact the amendment or property(s). Staff found rezoning case Z-2005-05 at 6881 W Highway 98 approved March 1st, 2005 from R-4 to AMU-2 under the authority of the previous LDC. |
| 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 adjoining parcels to the west and north are already zoned Com.
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. However, according to the applicant, wetland characteristics do exist on the vacant lot. An environmental survey will be required prior to any proposed development as stated by the applicant. 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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