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7. B.
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| Planning Board-Rezoning |
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| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: Com, Commercial district (25 du/acre)
TO: Con, Conservation district (du density limited to vested development)
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
The proposed zoning is consistent with the Future Land Use (FLU) category as prescribed in LDC Chapter 3, and with all other applicable goals, objectives, and policies of the Comprehensive Plan. If the rezoning is required to properly enact a proposed FLU map amendment transmitted for state agency review, the proposed zoning is consistent with the proposed FLU and conditional to its adoption.
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 1.3.1 Future Land Use Categories. Conservation (Con) is intended for the important natural resources, such as wetlands, marshes and significant wildlife habitats. This may include passive recreational opportunities for citizens of and visitors to the County. Passive parks and trails, preservation lands, educational uses that use natural amenities for public benefit. No new residential development is allowed nor is Non-residential.
CPP FLU 2.2.1 Location. Public facilities and services will be located to minimize their cost and negative impacts on the natural environment and maximize their efficiency. Cost alternatives, impacts on the environment, and levels of efficiency will be discussed during the design phase and bid process utilized by the County to accomplish the installation or location of public facilities and/or services. In addition, the County will coordinate with the ECUA, other water and/or sewer providers, and state or federal agencies with facilities located in the County or with plans to expand existing facilities or create new facilities in the County. Among other things, it is the intent of this policy that public facilities and services are available to support the densities and intensities of uses provided by this Plan and the FLUM and that there is adequate and suitable land available for such utility facilities.
CPP FLU 2.2.4 Existing Facilities. Prior to embarking on the construction of new capital improvements, Escambia County will consider the feasibility of upgrading or rehabilitating existing facilities to determine if the rehabilitation of present facilities would be in the best interest of the County and its citizens.
FINDINGS
The proposed amendment to Conservation is consistent with the intent and purpose of Future Land Use (FLU) category Conservation, as stated in CPP FLU 1.3.1. The location of the existing facilities and services are consistent with CPP FLU 2.2.1 and 2.2.4. Consistency with other applicable policies of the Comprehensive Plan would be evaluated during review of development for compliance with implementing Land Development Code regulations |
| Criterion b., LDC Sec. 2-7.2(b)(4) |
Consistent with The Land Development Code
The proposed zoning is consistent with the purpose and intent and with any other zoning establishment provisions prescribed by the proposed district in Chapter 3.
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. 3-2.14 Conservation district (Con).
(a) Purpose. The Conservation (Con) district establishes appropriate areas and land
use regulations for the conservation of important natural resources. The primary intent of the district is to conserve wetlands, marshes, watersheds, coastal dunes, wildlife habitats and other environmentally sensitive lands, but allow for passive recreational opportunities and amenities consistent with the Conservation future land use category. Non-conservation uses are severely limited to ensure the conservation of district resources and provision of appropriate areas for public recreation. Non-residential uses within the Conservation district are limited to activities that will have minimal impacts and where the ducational benefits of the uses are determined to outweigh those impacts. New or expanded residential development is generally prohibited.
Sec. 4-4.5 Airport and airfield planning districts.
(b) Military Airfield Influence Planning Districts. Airfield Influence Planning Districts (AIPDs) are established to provide enhanced protection in support of the continued operation of military airfields for areas that are close enough to those airfields to influence or be influenced by their activities. AIPDs impose additional restrictions on surrounding development that primarily address noise and safety concerns created by flight operations and potential interferences with those operations. If military operations permanently cease at an airfield, the supplemental requirements of its AIPDs will no longer apply to surrounding lands.
(1) General characteristics. Airfield Influence Planning Districts are combinations of noise zones, clear zones, accident potential zones, and other areas of influence that overlap and combine to define a broad range of airfield influences on surrounding land use. The range of influences is divided between two planning districts: AIPD-1 composed of areas closest to an airfield and, therefore, with highest noise exposure and accident risk; and AIPD-2 composed of areas further from the airfield than AIPD-1, but that still may influence or be influenced by airfield operations.
(2) Clear zones and accident potential zones. Clear zones and accident potential zones identify areas near airfield runways where aircraft accidents are most likely, if they do occur. The zones are defined by the type of aircraft for which the runway is primarily used. Clear zones extend immediately beyond the ends of runways and designate areas of high accident potential. Accident potential zones (APZs) generally extend beyond clear zones and designate areas that remain impacted by accident potential. APZ-1 identifies areas that retain a significant potential for accidents. APZ-2 identifies areas beyond APZ-1 that retain lower but measurable potential for accidents.
(3) Establishment. AIPDs and their constituent zones and areas are established through their definition and adoption within the LDC. The Airfield Influence Planning District Overlay maps for NAS Pensacola and NOLF 8 are specifically adopted here by reference and declared to be part of the LDC, with the information shown on the maps having the same force and effect as the text of the LDC. The AIPD maps are maintained digitally in the county’s “Geographic Information System” (GIS).
(4) General AIPD requirements.
a. Real estate disclosure.
b. Avigation easement. For any parcel within an AIPD where subdivision or any site plan approval is requested, the application shall include an executed avigation easement or proof of the public recording of an executed easement. The purpose of the easement is to grant a clear property right to maintain flight operations in the airspace above the property. The easement shall be in a form approved by the County Attorney and recorded with the property deed to run in perpetuity with the land.
c. Rezoning. Rezoning is allowed within AIPDs, but density remains limited to the maximum density allowed by the AIPD, regardless of the zoning. The AIPD density limits shall govern.
(5) AIPD-1 requirements. Airfield Influence Planning District 1 (AIPD-1) defines areas of greatest protection for an airfield. AIPD-1 lies within a boundary connecting the outermost limits of an installation’s clear zones, accident potential zones, or other areas necessary to achieve adequate protections. The following requirements apply to all lands within an AIPD-1 district:
a. Prohibited concentrations of population. Any use at such a scale that gatherings concentrating more than 25 people per acre and within a structure would be expected on a regular basis is prohibited. Such uses include sports stadiums, amphitheaters, auditoriums, clubhouses, churches, schools, hospitals, assisted living facilities, hotels and motels, restaurants, nightclubs and other establishments.
b. Residential density. Residential density is limited by the applicable zone or area with the AIPD according to the following:
1. Clear zones. Areas designated as “Clear Zone” are allowed no residential density except vested single-family dwellings on existing lots of record.
2. Area A. Areas designated as “Area A” are allowed no residential density except vested single-family dwellings on existing lots of record.
3. APZ-1. Areas designated as “Accident Potential Zone 1” (APZ-1) and aligned with airfield runways are allowed no residential density except vested single-family dwellings on existing lots of record. All other APZ-1 areas are limited to one dwelling unit per 2.5 acres.
4. APZ-2. Areas designated as “Accident Potential Zone 2” (APZ-2) and aligned with airfield runways are limited to two dwelling units per acre. All other APZ-2 areas are limited to three dwelling units per acre.
5. Area B. Areas designated as “Area B” are limited to three dwelling units per acre and only subject to the minimum lot area of the applicable zoning district.
c. Dwellings. Residential development is limited to detached single- family dwellings, including manufactured (mobile) homes if allowed by applicable zoning district. No single-family attached or multifamily dwellings are permitted. The planning district also prohibits the clustering of dwellings, including mobile home parks, whether by density transfers, planned unit development or other means.
(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 stated purposes and intent of the Land Development Code (LDC). The current site is undeveloped, any new development will have to meet all the requirements of the LDC and be evaluated for consistency during the Site Plan Review process.
Community Planning & Liaison Officer NAVFAC SE - NAS Pensacola,
Z/SSA-2018-02: Located in AIPD 1 and Noise Level 3 (more than 75 db). For this property, NAS Pensacola finds limited compatible uses per the 2010 Air Installation Compatible Use Zone (AICUZ) guidance. Current zoning of "Commercial" is not only incompatible with AICUZ, but also poses concerns for Anti-Terrorism/Force Protection due to its proximity to the NAS Pensacola perimeter boundary and West Gate access area. Rezoning to "Conservation" will further restrict incompatible land use, density and security. NAS Pensacola fully supports the rezoning and small scale FLU amendment.
Transportation & Traffic Operations (TTO) Comments – Z-2018-02
TTO Staff has reviewed the Rezoning Case (Z)-2018-02 (4100 Block of South Blue Angel Parkway near the Gulf Beach Highway intersection) agenda item for the Planning Board meeting scheduled for March 6, 2018. Please see the below comments.
There is an ongoing FDOT 4-lane widening design project on Blue Angel Parkway (SR 173) between Sorrento Road and US 98. There is also an ongoing intersection improvement project on Gulf Beach Highway with signalization Sunset Avenue and Patton Drive. The design on the intersection project is complete however, the construction is on hold until the FDOT CR292A Bridge Replacement project is complete. The Blue Angel Highway project is funded by FDOT. The Gulf Beach Highway project is funded through a cost sharing program between the County and FDOT. There is also a Roadway ROW project on Blue Angel Parkway programmed in the County’s FY 2018 Capital Improvement Program.
Per the Florida-Alabama TPO’s Congestion Management Process Plan, Blue Angel Parkway is classified as a Minor Arterial with a Maximum LOS of D and a corresponding daily volume of 17,700 near Gulf Beach Highway. Gulf Beach Highway is classified as an Urban Collector with a Maximum LOS of D with a corresponding maximum daily volume of 17,700 vehicles. Daily traffic Counts for 2016 show a daily volume on Blue Angel Parkway of 10,600 vehicles and on Gulf Beach Highway of 5,900 vehicles.
TTO’s review is solely based off the application submittal packet, so the comments above hold no bearing on any future TTO comments during the Development Review process. |
| Criterion c., LDC Sec. 2-7.2(b)(4) |
Compatible with surrounding uses
All the permitted uses of the proposed zoning, not just those anticipated by the rezoning applicant, are compatible, as defined in Chapter 6, with the surrounding uses. The uses of any surrounding undeveloped land shall be considered the permitted uses of the applicable district. Compatibility is not considered with potential conditional uses or with any nonconforming or unapproved uses. Also, in establishing the compatibility of a residential use, there is no additional burden to demonstrate the compatibility of specific residents or activities protected by fair housing law.
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 HDMU, LDR, Con, Com and Pub. There are single-family residential, Naval Air Station Pensacola (NAS), and vacant conservation land. |
| Criterion d., LDC Sec. 2-7.2(b)(4) |
Appropriate if spot zoning. Where the proposed zoning would establish or reinforce a condition of spot zoning as defined in Chapter 6, the isolated district would nevertheless be transitional in character between the adjoining districts, or the differences with those districts would be minor or sufficiently limited. The extent of these mitigating characteristics or conditions demonstrates an appropriate site specific balancing of interests between the isolated district and adjoining lands.
As per LDC Chapter 6, Spot Zoning is: Zoning applied to an area of land, regardless of its size, that is different from the zoning of all contiguous land. Such isolated or “spot” zoning is usually higher in its density or intensity of use than the adjoining zoning and may, therefore, extend privileges not generally extended to property similarly located in the area. Spot zoning is not by itself prohibited, but due to its potentially adverse impacts on adjoining zoning it carries a higher burden of demonstration that, if authorized, it will contribute to or result in logical and orderly development
FINDINGS
The isolated district would nevertheless be transitional in character between the adjoining districts, or the differences with those districts would be minor or sufficiently limited. The parcel currently is undeveloped and any proposed request would not be allowed under the proposed zoning. Not allowing any development area supports the agricultural aspect as well the AIPD and APZ's for NAS Pensacola. This appears to be consistent with the existing development pattern in the area. The property will remain vacant which will contribute to or result in logical and orderly development. |
| Criterion e., LDC Sec. 2-7.2(b)(4) |
Appropriate with changed or changing conditions.
If the land uses or development conditions within the area surrounding the property of rezoning have changed, the changes are to such a degree and character that it is in the public interest to allow new uses, density, or intensity in the area through rezoning; and the permitted uses of the proposed district are appropriate and not premature for the area or likely to create or contribute to sprawl.?
FINDINGS
The land uses or development conditions within the area surrounding the property of rezoning have not changed to such a degree that the proposed rezoning would result in an appropriate change. The surrounding area provides a mix of good zoning transition of low residential development up to medium residential development and undeveloped areas as well. The undeveloped areas helps support the Naval Air Station Pensacola area, AIPD, and APZ's zones. |
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