Review of Rezoning Case Heard by the Planning Board on December 4, 2018
From:
Horace Jones, Director
Organization:
Development Services
RECOMMENDATION:
Recommendation Concerning the Review of the Rezoning Cases Heard by the Planning Board on December 4, 2018
That the Board take the following action concerning the rezoning cases heard by the Planning Board on December 4, 2018:
Review and either adopt, modify, or overturn the Planning Board’s recommendations for Rezoning Cases Z-2018-11 and Z-2018-19or 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-2018-11
Address:
Dogwood Place
Property Reference No.:
34-2S-30-0040-010-003
Property Size:
9.10 (+/-) acres
From:
HDMU, High Density Mixed-use district (25 du/acre)
To:
Com, Commercial district (25 du/acre)
FLU Category:
MU-S, Mixed-Use Suburban
Commissioner District:
3
Requested by:
Margaret Hostetter and Paul Kelly Moore, Jr., Agent for Gilbert Nelson, Owner
Planning Board Recommendation:
Approval
Speakers:
Margaret Hostetter, Paul Kelly Moore, Michael Bearden, Larry Downs, Jr., Gilbert Nelson
2.
Case No.:
Z-2018-19
Address:
University Parkway
Property Reference:
14-1S-30-3301-001-002
Property Size:
0.20 (+/-) acres
From:
HDR, High Density Residential district (18 du/acre)
To:
HDMU, High Density Mixed-use district (25 du/acre)
FLU Category:
MU-U, Mixed-Use Urban
Commissioner District:
4
Requested by:
Wiley C. "Buddy" Page, Agent for Albert Burner, Trustee
Planning Board Recommendation:
Approval
Speakers:
Buddy Page, Larry Downs, Jr.
BACKGROUND:
The above cases were owner initiated and heard at the December 4, 2018, 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.
BUDGETARY IMPACT:
This action may increase the ad valorem tax base for Escambia County.
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.
PERSONNEL:
N/A
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.
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.