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Growth Management Report 12. 1.
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| BCC Regular Meeting |
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| RECOMMENDATION: |
Recommendation Concerning the Review of the Rezoning Cases Heard by the Planning Board on January 8, 2019
That the Board take the following action concerning the rezoning cases heard by the Planning Board on January 8, 2019:
- Review and either adopt, modify, or overturn the Planning Board’s recommendations for Rezoning Cases Z-2018-17 an Z-2019-01 or remand the cases back to the Planning Board; and
- Authorize the Chairman to sign the Orders of the Escambia County Board of County Commissioners for the rezoning cases that were reviewed.
| 1. |
Case No.: |
Z-2018-17 |
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Address: |
8891 Burning Tree Road |
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Property Reference No.: |
06-1S-30-1000-000-024 (sections of) |
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Property Size: |
3.52 and 7.56 (+/-) acres |
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Northern Portion: |
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From: |
Rec, Recreation district (du density limited to vested development) |
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To: |
MDR, Medium Density Residential district (10 du/acre) |
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Southern Portion: |
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From: |
Rec, Recreation district (du density limited to vested development) |
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To: |
Com, Commercial district (25 du/acre) |
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FLU Category: |
MU-U, Mixed-Use Urban |
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Commissioner District: |
5 |
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Requested by: |
Wiley C. "Buddy" Page, agent for RNL Investment Group, LLC, Owner |
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Planning Board Recommendation: |
Approval |
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Speakers: |
Buddy Page, Vivian Buck, Gladys Goss, Martina Mason, Ralph Mason, Kyle Patterson, Jason Widman, Michael Bearden, Ann Mitchell, Tom Heffernan, John Lopez, Patti Hall, Carol Widman, Gregg Wright, Larry Downs, Jr. |
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| 2. |
Case No.: |
Z-2019-01 |
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Address: |
149 Highway 97 S |
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Property Reference: |
09-1N-31-1000-030-005 (portion of) |
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Property Size: |
1.66 (+/-) acres |
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From: |
LDR, Low Density Residential district (four du/acre) |
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To: |
Com, Commercial district (25 du/acre) |
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FLU Category: |
N/A |
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Overlay District: |
Detailed Specific Area Plan (DSAP) Muscogee |
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Commissioner District: |
5 |
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Requested by: |
Terramore Development, LLC, Agent for Steven and Carrin Buttrick, Owners |
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Planning Board Recommendation: |
Approval |
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Speakers: |
Jay Fraiser, Cole Bracey, Josh Womack, Larry Downs, Jr., Michael Bearden |
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| BACKGROUND: |
The above cases were owner initiated and heard at the January 8, 2019, Planning Board meeting. Under the Land Development Code (LDC) Chapter 2, Article 7, “the Board of County Commissioners, at its scheduled hearing shall adopt, modify, or reject the recommendation of the Planning Board or SRIA or return the rezoning case to the board with instructions for additional facts or clarification. The staff of the recommending board shall inform the board of all formal actions taken by the BCC on the rezoning request.
To further the County’s policy of “decreasing response time from notification of citizen needs to ultimate resolution,” the Board is acting on both the approval of the Planning Board recommended order and the LDC Map Amendment for this month’s rezoning cases. This report item addresses only the review and upholding of the Planning Board’s recommendation. The next report item will address the Public Hearing for the LDC Zoning Map Amendment.
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| BUDGETARY IMPACT: |
This action may increase the ad valorem tax base for Escambia County.
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| LEGAL CONSIDERATIONS/SIGN-OFF: |
The recommended order is the result of deliberations by the Planning Board based the applicants presentation of competent substantial evidence for each of the approval conditions, on staff analysis, public testimony, and knowledge of the Comprehensive Plan and Land Development Code as well as case law and Florida Statutes.
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| PERSONNEL: |
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| POLICY/REQUIREMENT FOR BOARD ACTION: |
The Chairman will need to sign the Orders of the Escambia County Board of County Commissioners either denying or approving the rezoning requests.
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| IMPLEMENTATION/COORDINATION: |
The cases under review are presented to the Planning Board for collection of evidence. The Planning Board conducts a quasi-judicial public hearing and issues a recommended order to the Board of County Commissioners.
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