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. 3-2.9 High Density Mixed-use district (HDMU)
Purpose. The High Density Mixed-use (HDMU) district establishes appropriate areas and land use regulations for a complimentary mix of high density residential uses and compatible non-residential uses within urban areas. The primary intent of the district is to provide for a mix of neighborhood retail sales, services and professional offices with greater dwelling unit density and diversity than the Low Density Mixed-use district. Additionally, the HDMU district is intended to rely on urban street connectivity and encourage vertical mixes of commercial and residential uses within the same building to accommodate a physical pattern of development characteristic of village main streets and older neighborhood commercial areas. Residential uses within the district include all forms of single-family, two-family and multi-family dwellings.
Sec. 3-2.11 Heavy Commercial and Light Industrial district (HC/LI).
(a) Purpose. The Heavy Commercial and Light Industrial (HC/LI) district establishes appropriate areas and land use regulations for a complementary mix of industrial uses with a broad range of commercial activities. The primary intent of the district is to allow light manufacturing, large-scale wholesale and retail uses, major services, and other more intense uses than allowed in the Commercial district. The variety and intensity of non-residential uses within the HC/LI district is limited by the applicable FLU and their compatibility with surrounding uses. All commercial and industrial operations are limited to the confines of buildings and not allowed to produce undesirable effects on other property. To retain adequate area for commercial and industrial activities, other uses within the district are limited.
(b) Permitted uses. Permitted uses within the HC/LI district are limited to the following:
(1) Residential. Any residential uses outside of the Industrial (I) future land use
category but if within the Commercial (C) future land use category (and not the
principal single-family dwelling on an existing lot of record), only as part of a
predominantly commercial development; and excluding new or expanded
manufactured (mobile) home parks and subdivisions. See also conditional uses in
this district.
(2) Retail sales. Retail sales, including Low-THC marijuana dispensing facilities,
sales of alcoholic beverages, sales of automotive fuels, and sales of new and
used automobiles, motorcycles, boats, and manufactured (mobile) homes.
(3) Retail services.
a. Car washes, automatic or manual, full service or self-serve.
b. Child care facilities.
c. Hotels, motels and all other public lodging, including boarding and rooming
houses.
d. Personal services, including those of beauty shops, health clubs, pet groomers,
dry cleaners and tattoo parlors.
e. Professional services, including those of realtors, bankers, accountants,
engineers, architects, dentists, physicians, and attorneys.
f. Rental of automobiles, trucks, utility trailers and recreational vehicles.
g. Repair services, including appliance repair, furniture refinishing and upholstery,
watch and jewelry repair, small engine and motor services, and major motor
vehicle and boat service and repair, but excluding outdoor work or storage.
h. Restaurants and brewpubs, including on-premises consumption of alcoholic
beverages, drive-in and drive-through service, and brewpubs with the distribution
of on-premises produced alcoholic beverages for off-site sales. The parcel
boundary of any restaurant or brewpub with drive-in or drive-through service shall
be at least 200 feet from any LDR or MDR zoning district unless separated by a
50-foot or wider street right-of-way.
i. Taxi and limousine services
See also conditional uses in this district.
(4) Public and civic.
a. Broadcast stations with satellite dishes and antennas, including towers.
b. Cemeteries, including family cemeteries.
c. Community service facilities, including auditoriums, libraries, museums, and
neighborhood centers.
d. Educational facilities, including preschools, K-12, colleges, and vocational
schools.
e. Emergency service facilities, including law enforcement, fire fighting, and
medical assistance.
f. Funeral establishments.
g. Homeless shelters.
h. Hospitals.
i. Offices for government agencies or public utilities.
j. Places of worship.
k. Public utility structures, including telecommunications towers, but excluding
industrial uses not otherwise permitted.
See also conditional uses in this district.
(5) Recreation and entertainment.
a. Commercial entertainment facilities, indoor or outdoor, including movie theatres,
amusement parks, and stadiums, but excluding motorsports facilities.
Carnival-type amusements shall be at least 500 feet from any residential district.
Bars, nightclubs, and adult entertainment are prohibited in areas with the zoning
designation HC/LI-NA or areas zoned ID-CP or ID-1 prior to adoption of HC/LI
zoning.
b. Commercial recreation facilities, passive or active, including those for walking,
hiking, bicycling, camping, recreational vehicles, swimming, skateboarding,
bowling, court games, field sports, and golf, but excluding off-highway vehicle
uses and outdoor shooting ranges. Campgrounds and recreational vehicle parks
require a minimum lot area of five acres.
c. Marinas, private and commercial.
d. Parks, with or without permanent restrooms or outdoor event lighting.
See also conditional uses in this district.
(6) Industrial and related. The following industrial and related uses, except
within MU-S.
a. Light industrial uses, including research and development, printing and binding,
distribution and wholesale warehousing, and manufacturing, all completely within
the confines of buildings and without adverse off-site impacts.
b. Marinas, industrial.
c. Microbreweries, microdistilleries, and microwineries, except in areas with the
zoning designation HC/LI-NA.
See also conditional uses in this district.
(7) Agricultural and related.
a. Food produced primarily for personal consumption by the producer, but no farm
animals.
b. Nurseries and garden centers, including adjoining outdoor storage or display of
plants.
c. Veterinary clinics, excluding outside kennels.
See also conditional uses in this district.
(8) Other uses. Within MU-S, outside storage is permitted only when adequately
screened per LDC regulations.
a. Billboards structures, excluding areas zoned ID-CP, GBD, or GID prior to
adoption of HC/LI zoning.
b. Building or construction trades shops and warehouses, including on-site
outside storage.
c. Bus leasing and rental facilities, not allowed within MU-S.
d. Deposit boxes for donation of used items when placed as an accessory
structure on the site of a charitable organization.
e. Outdoor adjacent display of plants by garden shops and nurseries.
f. Outdoor sales.
g. Outdoor storage of trailered boats and operable recreational vehicles,
excluding repair, overhaul or salvage activities.
h. Parking garages and lots, commercial, not allowed within MU-S.
i. Sales and outdoor display of prefabricated storage sheds.
j. Self-storage facilities, including vehicle rental as an accessory use.
(2) HC/LI-NA designation. Any applicant for rezoning to the HC/LI zoning district
may request a HC/LI-NA designation prohibiting the subsequent establishment
of any microbreweries, microdistilleries, microwineries, bars, nightclubs, or adult
entertainment uses on the rezoned property. The request shall be in the form of a
notarized affidavit that acknowledges this use restriction and affirms that it is a
voluntary request. Once approved according to the rezoning process of Chapter 2,
the HC/LI-NA zoning designation and its prohibitions shall apply to the property,
regardless of ownership, unless the parcel is rezoned.
(e) Location criteria. All new non-residential uses proposed within the HC/LI
district that are not part of a planned unit development or not identified as exempt
by district regulations shall be on parcels that satisfy at least one of the following
location criteria.
(1) Parcel previously zoned GBD within the MU-S FLU along Hwy 29 or SR 95A.
Parcels previously zoned GBD and within the MU-S future land use category
which are located along and directly fronting U.S. Highway 29 or State Road 95A
(2) Proximity to intersection. Along an arterial street and within one-quarter mile
of its intersection with an arterial street.
(3) Site design. Along an arterial street, no more than one-half mile from its
intersection with an arterial street, and all of the following site design conditions:
a. Not abutting a RR, LDR or MDR zoning district
b. Any intrusion into a recorded residential subdivision is limited to a corner lot
c. A system of service roads or shared access is provided to the maximum extent
feasible given the lot area, lot shape, ownership patterns, and site and street
characteristics.
d. 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.
e. Location in an area where already established non-residential uses are
otherwise consistent with the HC/LI, 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) Documented compatibility. A compatibility analysis prepared by the
applicant provides competent substantial evidence of unique circumstances
regarding the parcel or use that were not anticipated by the alternative criteria,
and the proposed use 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).
FINDINGS
The proposed amendment is not consistent with the intent and purpose of the Land Development Code. The current zoning of HDMU allows for a complimentary mix of high density residential uses and compatible non-residential uses with the intent to exclude permanent outdoor storage and display outdoor retail sales and services. The primary intent of the HC/LI-NA zoning district designation is to establish appropriate areas and land use regulations for a mix of industrial type uses with a broad range of commercial activities and uses with the exclusion of bars, nightclubs, microwbreweries, microdistilleries, microwiners, and adult entertainment as referenced therein. Equally important, Section 3-2.11(f) of the Land Development Code (LDC) generally states that rezoning to HC/LI is appropriate to provide transitions between areas zoned commercial or used for commercial and industrial with the intent to avoid undersirable effects on nearby property and residential uses. There is an existing non-conforming commercial business on the subject property. Unfortunately, appropriate authorization, as require by the LDC, was not given for the commercial establishment to proceed, nor does it comply with the applicable zoning provisions as well as with the site and building requirements of High Denisty Mixed use. Again staff concludes that the proposed rezoning request to HC/LI-NA is not consistent with Criterion B.
Now in order to provide for consistency with what is currently in operation on the parcel, and what can be better suited with any future scenarios, staff determines a more suitable designation for the subject property would be Commercial (Com). The primary intent of the Commmercial district is to provide for general commercial activities, especially the retailing of commodities and services with limitation on certain types of ourdoor uses. The commercial zoning designation will allow more diverse commercial uses than the current HDMU zoning while maintaining compatibilty with existing uses in the surrounding area. Futhermore, Section 3-2.10(f) of the LDC affirms that rezoning to Commercial is appropriate to provide transition for areas used as high-density mixed use. Accordingly, the parcel is located at the corner of Arthur Lane, a local street and Old Palafox, a urban collector roadway with zoning designations of HC/LI across the street from the subject parcel. The parcels adjacent and surrounding the subject property are zoned HDMU and contain either a church, mobile home park, auto parts store, car lots, or residential. |