Agenda


AGENDA ESCAMBIA COUNTY PLANNING BOARD QUASI-JUDICIAL HEARING March 1, 2016–8:30 a.m. Escambia County Central Office Complex 3363 West Park Place, Room 104

1.

Call to Order.

2.

Pledge of Allegiance to the Flag.

3.

Proof of Publication and Waive the Reading of the Legal Advertisement.

4.

Approval of Minutes.

5.

Acceptance of Rezoning Planning Board Meeting Packet.

6.

Quasi-judicial Process Explanation.

7.

Public Hearings.

A.

Case #:	Z-2016-01
Applicant:	David Lamar, Agent for Endry Properties, LTD, Owner
Address:	1212 Creighton Road
Property Size:	2.61 (+/-) acres
From:	Com, Commercial District (25 du/acre); HDMU, High Density Mixed-use district (25 du/acre); HDR, High Density Residential district (18 du/acre)
To:	Com, Commercial district (25 du/acre)

Approved

B.

Case #:	Z-2016-02
Applicant:	Anton Zaynakov, Manager for AATeam, LLC, Owner
Address:	5 Palao Road
Property Size:	0.27 (+/-) acres
From:	Com, Commercial district (25 du/acre)
To:	MDR, Medium Density Residential district (ten du/acre)

Approved

C.

Case #:	Z-2016-03
Applicant:	E.B. Williams, Jr., Manager for Sandpiper Investments of Pensacola, LLC, Owner
Address:	2507 Kelso Road
Property Size:	0.87 (+/-) acres
From:	Com, Commercial district (25 du/acre)
To:	HDR, High Density Residential district (18 du/acre)

Approved

8.

Adjournment.


Planning Board-Rezoning		7. A.
Meeting Date:	03/01/2016
CASE :	Z-2016-01
APPLICANT:	David S. Lamar, Agent for Endry Properties, LTD, Owner
ADDRESS:	1212 Creighton Road
PROPERTY REF. NO.:	31-1S-30-2201-000-000 & 31-1S-30-2201-000-003
FUTURE LAND USE:	MU-U, Mixed-Use Urban
DISTRICT:	4
OVERLAY DISTRICT:	N/A
BCC MEETING DATE:	04/07/2016

SUBMISSION DATA:
REQUESTED REZONING: FROM: Com, Commercial district (25 du/acre); HDMU, High Density Mixed-use district (25 du/acre); HDR, High Density Residential district (25 du/acre) TO: Com, Commercial district (25 du/acre) 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 Whether the proposed rezoning is consistent with the goals, objectives, and policies of the Comprehensive Plan and not in conflict with any of the plan provisions. Comprehensive Plan (CPP) FLU 1.1.1 Development Consistency.New development and redevelopment in unincorporated Escambia County shall be consistent with the Escambia County Comprehensive Plan and the Future Land Use Map (FLUM). CPP FLU 1.3.1 Future Land Use Categories. The Mixed-Use Urban (MU-U) Future Land Use (FLU) category is intended for an intense mix of residential and nonresidential uses while promoting compatible infill development and the separation of urban and suburban land uses within the category as a whole. Range of allowable uses include: Residential, Retail and Services, Professional Office, Light Industrial, Recreational Facilities, Public and Civic. The minimum residential density is 3.5 dwelling units per acre and the maximum residential density is 25 dwelling units per acre. CPP FLU 1.5.1 New Development and Redevelopment in Built Areas. To promote the efficient use of existing public roads, utilities and service infrastructure, the County will encourage redevelopment in underutilized properties to maximize development densities and intensities located in the Mixed Use-Urban, Commercial and Industrial Future Land Use districts categories (with the exception of residential development). FINDINGS The proposed amendment to Commercial (Com) zoning is consistent with the intent and purpose of Future Land Use category MU-U as stated in CPP FLU 1.3.1. Mixed-Use Urban allows for a mix of both residential and non-residential uses such as retail and services, professional office and light industrial. As stated in CPP 1.5.1, if development occurs, the property will utilize the existing roadway and utilities and infrastructures. The current underlying zonings would remain consistent with the Future Land Use regardless if the property was to be rezoned to commercial.
Criterion b., LDC Sec. 2-7.2(b)(4)
Consistent with The Land Development Code Whether the proposed amendment is in conflict with any portion of this Code, and is consistent with the stated purpose and intent of this Code. Sec. 3-2.10 Commercial district (Com). 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. FINDINGS The proposed amendment is consistent with the intent and purpose of the Land Development Code. The parcel currently consists of three zoning designations of Com, HDMU and HDR. The request to rezone the parcel to commercial will remove the split zones and be compatible with the surrounding commercially zoned parcels. Any future development will be required to go through the Development Review process to address buffering along the residential properties abutting the subject property.
Criterion c., LDC Sec. 2-7.2(b)(4)
Compatible with surrounding uses Whether all land uses, development activities, and conditions allowed by the proposed zoning are compatible with the surrounding conforming uses, activities and conditions and are able to coexist in relative proximity to them in a stable fashion over time such that no use, activity, or condition negatively impacts another. The appropriateness of the rezoning is not limited to any specific use that may be proposed but is evident for all permitted uses of the requested zoning. 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 of Com, HDR, HDMU, and MDR. The parcel currently has commercial buildings on site and the request to combine the zoning to commercial will bring those businesses into compliance with the uses allowed by the commercial zoning designation. If the request is approved, the parcel will maintain its ability to coexist with the surrounding commercially zoned properties.
Criterion d., LDC Sec. 2-7.2(b)(4)
Changed conditions Whether the area to which the proposed rezoning would apply has changed, or is changing, to such a degree that it is in the public interest to encourage new uses, density, or intensity in the area through rezoning. FINDINGS The eastern portion of the subject property was rezoned from R-4 to R-5 in 2002 as well as several other properties along Creighton Road near the subject parcel that have been rezoned from residential to commercial since 2006 and are still in operation today.
Criterion e., LDC Sec. 2-7.2(b)(4)
Development patterns Whether the proposed rezoning would contribute to or result in a logical and orderly development pattern. FINDINGS The proposed amendment would result in a logical and orderly development pattern. The request to combine the three zoning categories to commercial would result in a logical and orderly development pattern due to the fact that the parcels along this particular portion of Creighton Road are commercial in the use and zoning designation. Criterion (f) LDC Sec. 2-7.2(b)(4) Effect on natural environment Whether the proposed rezoning would increase the probability of any significant adverse impacts on the natural environment. FINDINGS According to the National Wetland Inventory, wetlands and hydric soils were not indicated on the subject property. When applicable, further review during the Site Plan Review process will be necessary to determine if there would be any significant adverse impact on the natural environment.

Attachments
Z-2016-01


Planning Board-Rezoning		7. B.
Meeting Date:	03/01/2016
CASE :	Z-2016-02
APPLICANT:	Anton Zaynakov, Manager for AATeam, LLC, Owner
ADDRESS:	5 Palao Road
PROPERTY REF. NO.:	59-2S-30-2350-000-001
FUTURE LAND USE:	MU-U, Mixed-Use Urban
DISTRICT:	2
OVERLAY DISTRICT:	Barrancas Overlay
BCC MEETING DATE:	04/07/2016

SUBMISSION DATA:
REQUESTED REZONING: FROM:Com, Commercial district (25 du/acre) TO: MDR, Medium Density Residential district (ten du/acre) 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 Whether the proposed rezoning is consistent with the goals, objectives, and policies of the Comprehensive Plan and not in conflict with any of the plan provisions CPP FLU 1.3.1 Future Land Use Categories. The Mixed-Use Urban (MU-U) Future Land Use (FLU) category is intended for an intense mix of residential and nonresidential uses while promoting compatible infill development and the separation of urban and suburban land uses within the category as a whole. Range of allowable uses include: Residential, Retail and Services, Professional Office, Light Industrial, Recreational Facilities, Public and Civic. The maximum residential density is 25 dwelling units per acre. CPP FLU 1.5.3 New Development and Redevelopment in Built Areas. To promote the efficient use of existing public roads, utilities and service infrastructure, the County will encourage redevelopment in underutilized properties to maximize development densities and intensities located in the Mixed Use-Suburban, Mixed Use-Urban, Commercial and Industrial Future Land Use districts categories (with the exception of residential development). FINDINGS The proposed amendment MDR is consistent with the intent and purpose of Future Land Use category MU-U as stated in CPP FLU 1.3.1.. The Future Land Use of Mixed-Use Urban allows for a mix of residential and retail services.
Criterion b., LDC Sec. 2-7.2(b)(4)
.Consistent with The Land Development Code Whether the proposed amendment is in conflict with any portion of this Code, and is consistent with the stated purpose and intent of this Code. Sec. 3-3.3 Barrancas Overlay (Barr-OL). Purpose. The Barrancas Overlay (Barr-OL) district establishes supplemental land use regulations to support the objectives of the adopted Barrancas area community redevelopment plan. The intent of the additional land use controls is to enhance the character of an area changed by the realignment of Barrancas Avenue and undergoing revitalization, and to alleviate the harmful effects of industrial pollutants on the waters of Bayou Chico. Sec. 3-2.7 Medium Density Residential district (MDR) Purpose. The Medium Density Residential (MDR) district establishes appropriate areas and land use regulations for residential uses at medium densities within suburban or urban areas. The primary intent of the district is to provide for residential neighborhood development in an efficient urban pattern of well-connected streets and at greater dwelling unit density than the Low Density Residential district. Residential uses within the MDR district are limited to single-family and two-family dwellings. The district allows non-residential uses that are compatible with suburban and urban residential neighborhoods. FINDINGS The proposed amendment is consistent with the intent and purpose of the Land Development Code. A small portion of the parcel is in the Barrancas overlay area and the CRA department has included findings of no concern. The MDR zoning allows for an intense mix of residential and commercial development. The proposed rezoning to MDR is a down zoning which will allow the property owner to develop a suitable residential structure that will be compatible with other dwellings along Palao Road and the surrounding area.
Criterion c., LDC Sec. 2-7.2(b)(4)
Compatible with surrounding uses Whether all land uses, development activities, and conditions allowed by the proposed zoning are compatible with the surrounding conforming uses, activities and conditions and are able to coexist in relative proximity to them in a stable fashion over time such that no use, activity, or condition negatively impacts another. The appropriateness of the rezoning is not limited to any specific use that may be proposed but is evident for all permitted uses of the requested zoning. FINDINGS The proposed rezoning to MDR is a less intense zoning designation than the current Commercial zoning. This down zoning will enhance the character of the area that is currently residential. Within the 500' radius impact area, there are properties with zoning districts Com and MDR. The request to rezone to MDR is consistent with the surrounding neighborhood.
Criterion d., LDC Sec. 2-7.2(b)(4)
Changed conditions Whether the area to which the proposed rezoning would apply has changed, or is changing, to such a degree that it is in the public interest to encourage new uses, density, or intensity in the area through rezoning. FINDINGS Staff found no changed conditions that would impact the amendment or property.
Criterion e., LDC Sec. 2-7.2(b)(4)
Development patterns Whether the proposed rezoning would contribute to or result in a logical and orderly development pattern. FINDINGS The proposed amendment would result in a logical and orderly development pattern. In the area, there are commercially zoned parcels to the west and north of the subject parcel but the majority of the surrounding parcels are residential in zoning and use. Criterion (f) LDC Sec. 2-7.2(b)(4) Effect on natural environment Whether the proposed rezoning would increase the probability of any significant adverse impacts on the natural environment. FINDINGS According to the National Wetland Inventory, wetlands and hydric soils were not indicated on the subject property. When applicable, further review during the Site Plan Review process will be necessary to determine if there would be any significant adverse impact on the natural environment.

Attachments
Z-2016-02


Planning Board-Rezoning		7. C.
Meeting Date:	03/01/2016
CASE :	Z-2016-03
APPLICANT:	E.B. Williams, Jr., Manager for Sandpiper Investments of Pensacola, LLC, Owner
ADDRESS:	2507 Kelso Road
PROPERTY REF. NO.:	04-1S-30-0101-001-017
FUTURE LAND USE:	C, Commerical
DISTRICT:	4
OVERLAY DISTRICT:	N/A
BCC MEETING DATE:	04/07/2016

SUBMISSION DATA:
REQUESTED REZONING: FROM: Com, Commercial (25 du/acre) TO: HDR, High Density Residential (18 du/acre) 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 Whether the proposed rezoning is consistent with the goals, objectives, and policies of the Comprehensive Plan and not in conflict with any of the plan provisions 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 1.31 Future Land Use Categories. The Commercial (C) category is intended for professional office, retail, wholesale, service and general business trade. Residential development may be permitted only if secondary to a primary commercial development. FINDINGS The proposed amendment to High Density Residential is not currently consistent with the intent and purpose of Future Land Use category of Commercial (C) as stated in CPP FLU 1.3.1. High Density Residential (HDR) zoning may be established only within the Mixed-Use Suburban (MU-S) or Mixed-Use Urban (MU-U) Future Land Use category. The applicant has requested a Small Scale Map Amendment to the Future Land Use Map (FLUM) to change the FLU from Commerical (C) to Mixed-Use Urban (MU-U). If approved, the proposed amendment to HDR would be consistent with the intent and purpose of the proposed Future Land Use category Mixed-Use Urban (MU-U).
Criterion b., LDC Sec. 2-7.2(b)(4)
Consistent with The Land Development Code Whether the proposed amendment is in conflict with any portion of this Code, and is consistent with the stated purpose and intent of this Code. 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. 3-2.8 High Density Residential district (HDR). (a) Purpose. The High Density Residential (HDR) district establishes appropriate areas and land use regulations for residential uses at high densities within urban areas. The primary intent of the district is to provide for residential neighborhood development in an efficient urban pattern of well-connected streets and at greater dwelling unit density and diversity than the Medium Density Residential district. Residential uses within the HDR district include most forms of single-family, two-family and multi-family dwellings. Non-residential uses within the district are limited to those that are compatible with urban residential neighborhoods. FINDINGS The proposed amendment is consistent with the intent and purpose of the Land Development Code. The proposed High Density Residential (HDR) zoning allows for a mix of residential uses.
Criterion c., LDC Sec. 2-7.2(b)(4)
Compatible with surrounding uses Whether all land uses, development activities, and conditions allowed by the proposed zoning are compatible with the surrounding conforming uses, activities and conditions and are able to coexist in relative proximity to them in a stable fashion over time such that no use, activity, or condition negatively impacts another. The appropriateness of the rezoning is not limited to any specific use that may be proposed but is evident for all permitted uses of the requested zoning. 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 Medium Density Residential (MDR) and Commercial (Com). A mix of residential and office buildings were found surrounding the property.
Criterion d., LDC Sec. 2-7.2(b)(4)
Changed conditions Whether the area to which the proposed rezoning would apply has changed, or is changing, to such a degree that it is in the public interest to encourage new uses, density, or intensity in the area through rezoning. FINDINGS Staff found no changed conditions that would impact the amendment or property.
Criterion e., LDC Sec. 2-7.2(b)(4)
Development patterns Whether the proposed rezoning would contribute to or result in a logical and orderly development pattern. FINDINGS The proposed amendment would result in a logical and orderly development pattern. The surrounding area is mixed with residential and commercial uses. Criterion (f) LDC Sec. 2-7.2(b)(4) Effect on natural environment Whether the proposed rezoning would increase the probability of any significant adverse impacts on the natural environment. FINDINGS Wetlands and hydric soils were not indicated on the subject property according to the National Wetland Inventory. When applicable, further review during the Site Plan Review process will be necessary to determine if there would be any significant adverse impact on the natural environment.

Attachments
Z-2016-03