|
Back to Calendar
Return
|
| |
7. A.
|
| Planning Board-Rezoning |
|
|
|
| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: Agr, Agricultural district (one du/20 acres)
TO: RR, Rural Residential district (one du/four acres)
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. General descriptions, range of allowable uses, and residential densities and non-residential intensities for all future land use categories in Escambia County are outlined below.
FLUM Agriculture (AG)
General Description: Intended for routine agricultural and silvicultural related activities and very low density residential uses. Also allows for commercial activity limited to those endeavors ancillary to agricultural and silvicultural pursuits or in support of agricultural activities such as seed, feed and food outlets, farm equipment and repair and veterinary services.
Range of Allowable Uses: Agriculture, silviculture, residential, recreational, public and civic, limited ancillary or supportive, commercial.
Standards: Residential Maximum Density: 1 du/20 acres
Non-Residential: Minimum Intensity: None.
Maximum Intensity: 0.25 Floor Area Ratio (FAR).
FLU 3.1.4 Rezoning. Escambia County will protect agriculture and the rural lifestyle of northern Escambia County by permitting re-zonings to districts, allowing for higher residential densities in the Rural Community (RC) future land use category.
FINDINGS
The applicant has concurrently submitted an application for a FLU amendment for the same 2.5 +/- acre parcel, requesting a change from Agricultural (AG) to Rural Community (RC). If the FLU change to RC is approved, then the proposed rezoning to RR would be consistent with the intent and purpose of FLU category RC, as stated in CPP FLU 1.3.1; the RC FLU designation is intended to recognize existing residential development that serves the rural and agricultural areas of Escambia County. The RC FLU allows for residential uses at a maximum density of two du/acre, while encouraging the protection of the existing agricultural activities and the rural life style. |
| 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. 3-2.2 Agricultural district (Agr).
(a) Purpose. The Agricultural (Agr) district establishes appropriate areas and land use regulations for the routine agricultural production of plants and animals, and such related uses as silviculture and aquaculture. The primary intent of the district is to avoid the loss of prime farmland to other uses, its division into smaller parcels of multiple owners, and other obstacles to
maintaining or assembling sufficient agricultural acreage for efficient large-scale farming. Other than agricultural production, non-residential uses within the Agricultural district are generally limited to rural community uses that directly support agriculture, and to public facilities and services necessary for the basic health, safety, and welfare of a rural population.The absence of urban or suburban infrastructure is intentional. Residential uses within the district are largely self-sustaining, consistent with rural land use and limited infrastructure. Single-family dwellings are allowed at a very low density sufficient for the needs of the district’s farm-based population.
Sec. 3-2.3 Rural Residential district (RR).
(a) Purpose. The Rural Residential (RR) district establishes appropriate areas and land use regulations for low density residential uses and compatible non-residential uses characteristic of rural land development. The primary intent of the district is to provide for residential development at greater density than the Agricultural district on soils least valuable for agricultural production, but continue to support small-scale farming on more productive district lands. The absence of urban and suburban infrastructure
is intentional. Residential uses within the RR district are largely self-sustaining and generally limited to detached single-family dwellings on large lots, consistent with rural land use and limited infrastructure. Clustering of smaller residential lots may occur where needed to protect prime farmland from non-agricultural use. The district allows public facilities and services necessary for the basic health, safety, and welfare of a rural population, and other non-residential uses that are compatible with agricultural community character.
(b) Permitted uses. Permitted uses within the RR district are limited to the following:
(1) Residential.
a. Manufactured (mobile) homes, excluding new or expanded manufactured home parks or subdivisions.
b. Single-family dwellings (other than manufactured homes), detached only, on lots four acres or larger, or on lots a
minimum of one acre if clustered to avoid prime farmland.
See also conditional uses in this district.
(2) Retail sales. No retail sales except as permitted agricultural and related uses in this district.
(3) Retail services. Bed and breakfast inns. No other retail services except as permitted agricultural and related uses or as conditional uses in this district.
(4) Public and civic.
a. Cemeteries, including family cemeteries.
b. Clubs, civic or fraternal.
c. Educational facilities, K-12, on lots one acre or larger.
d. Emergency service facilities, including law enforcement, fire fighting, and medical assistance.
e. Funeral establishments.
f. Places of worship on lots one acre or larger.
g. Public utility structures 150 feet or less in height, excluding telecommunications towers.
See also conditional uses in this district.
(5) Recreation and entertainment.
a. Campgrounds and recreational vehicle parks on lots five acres or larger.
b. Golf courses, tennis centers, swimming pools and similar active outdoor recreational facilities, including associated
country clubs.
c. Marinas, private.
d. Parks without permanent restrooms or outdoor event lighting.
e. Passive recreational uses.
See also conditional uses in this district.
(6) Industrial and related. [Reserved]
(7) Agricultural and related.
a. Agriculture, including raising livestock, storing harvested crops, and cultivation of nursery plants. A minimum of two
acres for keeping any farm animal on site and a maximum of one horse or other domesticated equine per acre.
b. Aquaculture, marine or freshwater.
c. Farm equipment and supply stores.
d. Kennels and animal shelters on lots two acres or larger.
e. Produce display and sales of fruit, vegetables and similar agricultural products. All structures for such use limited to
non-residential farm buildings.
f. Silviculture.
g. Stables, public or private, on lots two acres or larger.
h. Veterinary clinics. A minimum of two acres for boarding animals.
FINDINGS
The applicant stated that by separating the 2.5 (+/-) acre subject parcel from the larger site and requesting a rezoning, the existing residential structure within the parcel would meet the current zoning requirements, providing an allowance for the property owner to separate and maintain the agricultural uses to continue the prime farmland operations. The proposed rezoning is consistent with the intent and purpose of the LDC. Under Section 3-2.3 (b), single family dwellings, detached, on lots a minimum of one acre are permitted, in order to avoid prime farm land; the RR zoning district does allow and encourage the clustering of smaller residential lots where needed, to protect prime farmland from non-agricultural use. |
| 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 staff observed properties with zoning districts Agr and RR. Three single-family residences and two improved agricultural residential parcels. The primary intent of the district is to provide for residential development at greater density than the Agricultural district, on soils least valuable for agricultural production, while continuing to support small-scale farming on more productive district lands. Residential uses within the RR district are largely self-sustaining and generally limited to detached single-family dwellings on large lots, consistent with rural land use and limited infrastructure. |
| 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. The agricultural and rural residential character of the area is still a reflection of the primary uses of the land in this part of Escambia County. |
| 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 language in the LDC allows for agricultural production supporting uses, including a rural residential component. The area's rural development pattern trend to the establishment of supporting rural residential development adjacent to primarily agricultural uses, mainly along the existing roadways.
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. The parcel already has existing residential and accessory structures on-site. 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. |
|
|
|
|