RECOMMENDATION: |
Recommendation Concerning the Review of the Rezoning Cases heard by the Planning Board on November 10, 2014
That the Board take the following action concerning the rezoning cases heard by the Planning Board on November 10, 2014:
- Review and either adopt, modify, or overturn the Planning Board’s recommendations for Rezoning Cases Z-2014-15, Z-2014-17, Z-2014-19, Z-2014-20, Z-2014-21, and Z-2014-22 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-2014-15 |
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Address: |
13161 Lillian Highway |
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Property Reference No.: |
03-2S-32-1000-080-003 |
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Property Size: |
0.94 (+/-) acres |
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From: |
R-1, Single-Family District, Low Density (four du/acre) |
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To: |
R-6, Neighborhood Commercial and Residential District, (cumulative) High Density (25 du/acre) |
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FLU Category: |
MU-S, Mixed-Use Suburban |
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Commissioner District: |
1 |
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Requested by: |
Wiley C. "Buddy" Page, Agent for Helen G. Wilkenson, Owner |
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Planning Board Recommendation: |
Denial |
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Speakers: |
Buddy Page, Charles Henderson Jr., Kathleen Davis, Alexis Mines, Wade Keckler, Mick Donovan, Richard Fagan, JoAnn Kiser |
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2. |
Case No.: |
Z-2014-17 |
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Address: |
337 Commerce Street |
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Property Reference: |
51-2S-30-7061-008-024 |
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Property Size: |
0.21 (+/-) acres |
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From: |
R-2, Single-Family District (cumulative), Low-Medium Density (seven du/acre) |
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To: |
C-1, Retail Commercial District (cumulative) (25 du/acre) |
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FLU Category: |
MU-U, Mixed-Use Urban |
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Commissioner District: |
2 |
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Requested by: |
Wiley C. "Buddy" Page, Agent for Rosa L. Sadler Walker, Owner |
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Planning Board Recommendation: |
Approval |
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Speakers: |
Buddy Page, Neal Smith, Clara Long |
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3. |
Case No.: |
Z-2014-19 |
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Address: |
1408 Hwy 297-A South |
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Property Reference No.: |
24-1N-31-1201-000-000 |
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Property Size: |
28.66 (+/-) acres |
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From: |
VR-1, Villages Rural Residential District (one unit per four acres)
VR-2, Villages Rural Residential District (one unit per 0.75 acre) |
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To: |
VM-2, Villages Mixed Residential/Commercial District (seven units per acre) |
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FLU Category: |
MU-S, Mixed-Use Suburban |
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Commissioner District: |
5 |
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Request by: |
Thomas Hammond, Agent for Dennis M. & Virginia L. Griffith, Owner |
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Planning Board Recommendation: |
Approval |
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Speakers: |
Tom Hammond |
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4. |
Case No.: |
Z-2014-20 |
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Address: |
6600 North W. Street |
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Property Reference No.: |
39-1S-30-110-001-001 |
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Property Size: |
1.11 (+/-) acres |
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From: |
ID-1, Light Industrial District (cumulative) (no residential uses allowed)
C-2, General Commercial and Light Manufacturing District (cumulative) |
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To: |
C-2, General Commercial and Light Manufacturing District (cumulative) |
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FLU Category: |
C, Commercial |
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Commissioner District: |
3 |
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Requested by: |
Justin Beck, Agent for Harry Levin, Owner |
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Planning Board Recommendation: |
Approval |
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Speakers: |
Justin Beck |
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5. |
Case No.: |
Z-2014-21 |
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Address: |
1201 North P. Street |
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Property Reference No.: |
00-0S-00-9060-001-155 |
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Property Size: |
3.64 (+/-) acres |
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From: |
R-2, Single-Family District (cumulative), Low-Medium Density (seven du/acre) |
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To: |
R-6, Neighborhood Commercial and Residential District, (cumulative) High Density (25 du/acre) |
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FLU Category: |
MU-U, Mixed-Use Urban |
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Commissioner District: |
3 |
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Requested by: |
Wiley C. "Buddy" Page, Agent for The Paces Foundation, Owner |
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Planning Board Recommendation: |
The applicant requested to change the request from R-6 to R-5 and the Planning Board recommended approval to the BCC. |
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Speakers: |
Buddy Page |
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6. |
Case No.: |
Z-2014-22 |
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Address: |
7945 Beulah Road |
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Property Reference No.: |
18-1S-31-4300-000-000 |
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Property Size: |
58.24 (+/-) acres |
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From: |
R-2, Single-Family District (cumulative), Low-Medium Density (seven du/acre) |
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To: |
R-3, One-Family and Two-Family, (cumulative) Medium Density (ten du/acre) |
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FLU Category: |
MU-S, Mixed-Use Suburban |
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Commissioner District: |
1 |
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Request by: |
Fred R. Thompson, Agent for Richard R. & Edna Marie Gibbs, Owner |
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Planning Board Recommendation: |
Approval |
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Speakers: |
Fred Thompson, Fred Hemmer, Phillip Fiorilli, James Gibson Jr., Joe Meeks, Donna Meeks, Linda Lake, Tina Strickland, Michael Green, Amanda Stern, Marcia Murphy, Jason Stern, Kenneth Weinold |
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BACKGROUND: |
The above cases were owner initiated and heard at the November 10, 2014 Planning Board meeting. Under the Land Development Code (LDC) 2.08.00.E.1., “the Board of County Commissioners shall review the record and the recommendation of the Planning Board and either adopt the recommended order, modify the recommended order as set forth therein, reject the recommended order, or remand the matter back to the Planning Board for additional facts or clarification. Findings of fact or findings regarding legitimate public purpose may not be rejected or modified unless they are clearly erroneous or unsupported by the record. When rejecting or modifying conclusions of law, the Board of County Commissioners must state with particularity its reasons for rejecting or modifying the recommended conclusion of law and must make a finding that its substituted conclusion of law is as or more reasonable than the conclusion that was rejected or modified. However, the Board of County Commissioners may not modify the recommendation to a more intensive use requested by the applicant and advertised. The review shall be limited to the record below. Only a party of record to the proceedings before the Planning Board or representative shall be afforded the right to address the Board of County Commissioners and only as to the correctness of the findings of fact or conclusions of law as based on the record. The Board of County Commissioners shall not hear testimony."
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 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.
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