Agenda


Planning Board-Rezoning		7. A.
Meeting Date:	04/04/2017
CASE :	Z-2016-13
APPLICANT:	Wiley C. "Buddy" Page, Agent for Shaun Romero, Owner
ADDRESS:	6013 Hilburn Road
PROPERTY REF. NO.:	29-1S-30-1504-000-000
FUTURE LAND USE:	MU-U, Mixed-Use Urban
DISTRICT:	3
OVERLAY DISTRICT:	Oakfield
BCC MEETING DATE:	05/04/2017

SUBMISSION DATA:
REQUESTED REZONING: FROM: HDR, High Density Residential district (18 du/acre) TO: Com, Commercial district (25 du/acre, lodging unit density not limited by zoning) 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. 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 the redevelopment in underutilized properties to maximize development densities and intensities located in the MU-S, MU-U, Commercial, and Industrial Future Land Use categories (with the exception of residential development). FLU 2.1.1 Infrastructure Capacities. Urban uses will be concentrated in the urbanized areas with the most intense development permitted in the Mixed-Use Urban (MU-U) areas and areas with sufficient central water and sewer system capacity to accommodate higher density development. Land use densities may be increased through Comprehensive Plan amendments. This policy is intended to direct higher density urban uses to those areas with infrastructure capacities sufficient to meet demands and to those areas with capacities in excess of current or projected demand. Septic systems remain allowed through Florida Health Department permits where central sewer is not available. FINDINGS The proposed amendment to Commercial 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. The property would promote efficient use of existing public roads and an underutilized property that would conform with CPP FLU 1.5.1. Per FLU 2.1.1 the uses will be concentrated in the urbanized areas with the most intense development permitted in the Mixed-Use Urban (MU-U) areas. Sufficient central water and sewer system capacity to accommodate higher density development will be reviewed during the site plan review process.
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. 3-2.8 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. (See Exhibit A for district provisions) Sec. 3-2.9 High Density Mixed-use district (HDMU). (a) 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. (See Exhibit B for district provisions) 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. (See Exhibit C for district provisions) (f) Rezoning to Commercial. Commercial zoning may be established only within the Mixed-Use Suburban (MU-S), Mixed-Use Urban (MU-U) or Commercial (C) future land use categories. The district is appropriate to provide transitions between areas zoned or used as high density mixed-use and areas zoned or used as heavy commercial or industrial. Rezoning to Commercial is subject to the same location criteria as any new non-residential use proposed within the Commercial district. FINDINGS In the reviewing the intent and purpose of the existing zoning category of HDR and the proposed zoning category of Com, the permitted and conditional uses of HDR are significantly different from the permitted and conditional uses of the proposed zoning category of Com. For example, HDR zoning allows for High Density Residential uses ranging from group living to multi-family dwellings. Thus, it can be concluded that as stated in Sec. 3-2.8, HDR allows for primary residential use (see Exhibit A). In contrast, the proposed amendment to Commercial allows for primary commercial uses. The primary intent of the Commercial zoning district is to allow more diverse and intense commercial uses than the neighborhood commercial allowed within the mixed-use districts (see Exhibit C). The proposed zoning of Commercial would not provide the needed transition between areas zoned or used as high density mixed-use and areas zoned or used as heavy commercial or industrial. However, in reviewing the zoning categories of the Land Development Code (LDC), there is a transitional zoning category of High Density Mixed-Use (HDMU) that would allow for residential and neighborhood commercial uses of low intensity. (see Exhibit B). The primary intent and purpose of HDMU is to provide for a mix of neighborhood retail sales, services and professional offices with greater dwelling unit density and diversity. The HDMU zoning district is appropriate to provide transitions between areas zoned or used for medium or high density residential and areas zoned or used for commercial. To conclude, the proposed amendment to Commercial from the currently zoning of High Density Residential (HDR) is not consistent with the intent and purpose of the Land Development Code.
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. Sec. 3-1.6 Compatibility (a) Generally. Zoning districts provide the primary means to establish and maintain the necessary balance between the needs and interests of different land uses, allowing neighboring uses to coexist successfully in a stable fashion over time, protecting the investments in each. Although zoning separates generally incompatible development, inclusion as a permitted use within a district does not alone ensure compatibility with other district uses. (b) Location criteria. Location criteria are established within some zoning districts to promote compatibility among uses, especially new non-residential uses in relation to existing residential uses. Most criteria are designed to create smooth transitions of use intensity from large-scale concentrations of general commercial uses near major street intersections to small-scale dispersed neighborhood commercial uses in proximity to residential areas. Such transitions prevent the adverse impacts of continuous strip commercial development along major streets and avoid negative or blighting influences of some commercial uses on adjacent residential neighborhoods. FINDINGS Based upon a site plan review and the existing land use map, the subject property is adjacent to an existing residential development of townhomes known as Sundance Village and is an allowed used within the existing zoning category of HDR. Under the provision of compatibility as sited under Section 3-1.6 (a), zoning districts provide the primary means to establish and maintain the necessary balance between the needs and interests of different land uses. For the analysis of staff, there are no existing Com uses adjacent to and as well as the same side of the road of the subject property. The intense and invasive uses that are allowed in Commercial (see Exhibit C) would have an unduly negative impact (directly or indirectly) the existing adjacent residential uses. Staff does recognize the fact that there are surrounding Commercial uses within proximity of the subject property on the opposite side of the road, yet the fact remains that if the subject property is rezoned, it would be incompatible due to the fact that the rezoned subject property would be adjacent to a residential development. Also, under the provision of location criteria as sited under Section 3-1.6 (b), it appears the location criteria for Commercial zoning can be achieved due to the sites proximity of the subject parcel to the intersection of Creighton Rd at Hilburn Rd. Both are listed as arterial roads and both roads intersect within one-quarter mile of the subject property. (see Exhibit D) The following language is from excerpt from the interoffice memorandum comments provided by the County's Transportation and Traffic Operations (TTO) Division staff: Decemeber 6, 2016 memo: Burgess Rd is currently programmed for right-of-way acquisition in the FL-AL Long Range Transportation Plan. Existing right-of-way is sufficient for the proposed four lane expansion of Burgess Rd. March 20, 2017 memo: Currently, there is a Roadway Improvement Project programmed in the County’s Capital Improvement Program and the State of Florida’s Florida Department of Transportation (FDOT) 5-Year Work Program along SR742 (Burgess Road) from US29 to Hilburn Road within the vicinity of the subject parcel. The project is expected to widen the existing two-way, two-lane roadway to a 4-lane roadway. The right-of-way acquisition phase (currently on-going) is programmed through Fiscal Year 2018, with the County expected to fund $1M towards the right-of-way phase. The Florida-Alabama Transportation Planning Organization (TPO) currently lists the aforementioned project as the #2 Non-Strategic Intermodal System capacity project for the TPO 2040 Long Range Transportation Plan (LRTP). The TPO’s LRTP Cost Feasible Plan programs the construction phase ($18M) during the Fiscal Year 2021-2025 time period. Per the TPO’s Congestion Management Process Plan, Burgess Road is currently functioning within its allowable capacity for traffic volumes between the segment of CR95A (Old Palafox) and Hilburn Road. The maximum level-of-service (LOS) for the roadway segment is LOS D (14,800 trips/day), and currently the roadway segment is functioning at a LOS D (8,000 trips/day) and is expected to remain at a LOS D and exceed 9,700 trips/day by Year 2024. Note: TTO’s review is solely based off the application submittal packet, so the comments above hold no bearing on future TTO comments during the Development Review process.
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 changed conditions that would impact the amendment or property. Staff found case Z-2004-42 at 190 Creighton Road, approved 12/09/2004 for rezoning from R-4 to C-1. Staff also found case Z-2005-58 at 473 Allen Court, approved 01/05/2006 for rezoning from R-4 to C-1. Both case were approved under the previously adopted Land Development Code. (See Exhibit D for the location map of the above rezoning cases)
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 Based upon the literal review of the existing land uses and zoning categories surrounding the subject properties (see Exhibit D), there appears to be a development pattern in the area. The site is surrounded by Commercial zoning to the north and east of the subject property, yet are located across the roadway. The approval of the rezoning could contribute to the establishment of Commercial uses that would compliment the other Commercial zoned properties in the area, yet most of the Commercial zoned property in the area are vacant with no Commercial uses currently established. Staff found that within the 500' impact radius, it appears only two of the Commercial zoned properties have associated commercial uses that are currently established. The other properties in the area that are zoned Commercial are vacant or have an established residential use. Similarly, the surrounded residential zonings of HDR have established residential uses or are vacant as well. The zoning category of HDMU could provide a more logical and orderly development pattern that would result in the transitional zoning needed between the HDR and Commercial zoning categories in the area. 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-2016-13
Exhibit A
Exhibit B
Exhibit C
Exhibit D


Planning Board-Rezoning		7. B.
Meeting Date:	04/04/2017
CASE :	Z-2017-02
APPLICANT:	Joseph Dhaiti, Agent for Katia Lamothe, Owner
ADDRESS:	1300 Block Blue Angel Parkway
PROPERTY REF. NO.:	12-2S-31-3404-000-000
FUTURE LAND USE:	MU-S, Mixed-Use Suburban
DISTRICT:	1
OVERLAY DISTRICT:	N/A
BCC MEETING DATE:	05/04/2017

SUBMISSION DATA:
REQUESTED REZONING: FROM: MDR, Medium Density Residential district (10 du/acre) TO: HDMU, High Density Mixed-use 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 CPP FLU 1.3.1 Future Land Use Categories. The Mixed-Use Suburban (MU-S) Future Land Use (FLU) category is intended for a mix of residential and non-residential uses while promoting compatible infill development and the separation of urban and suburban land uses. Range of Allowable Uses: residential, retail sales & services, professional office, recreational facilities, public and civic, limited agriculture. The maximum residential density is 25 dwelling units per acre. 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 the redevelopment in underutilized properties to maximize development densities and intensities located in the MU-S, MU-U, Commercial, and Industrial Future Land Use categories (with the exception of residential development). FINDINGS The proposed amendment to HDMU is consistent with the intent and purpose of Future Land Use category MU-S as stated in CPP FLU 1.3.1 The Comprehensive Plan allows for retail sales & services, professional office, recreational facilities, public and civic, limited agriculture. The parcel will utilize the existing public road, utilities and infrastructure.
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. 3-2.7 Medium Density Residential district (MDR). (a) 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. Sec. 3-2.9 High Density Mixed-use district (HDMU). (a) 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. (b) Permitted uses. Permitted uses within the HDMU district are limited to the following: (1) Residential. The following residential uses are allowed throughout the district, but if within a Commercial (C) future land use category they are permitted only if part of a predominantly commercial development. a. Group living, excluding dormitories, fraternity and sorority houses, and residential facilities providing substance abuse treatment, post-incarceration reentry, or similar services. b. Manufactured (mobile) homes, including manufactured home subdivisions, but excluding new or expanded manufactured home parks. c. Single-family dwellings (other than manufactured homes), detached or attached, including townhouses and zero lot line subdivisions. d. Two-family and multi-family dwellings. See also conditional uses in this district. (2) Retail sales. Small-scale (gross floor area 6000 sq.ft. or less per lot) retail sales, including Low-THC marijuana dispensing facilities, sales of beer and wine, but excluding sales of liquor, automotive fuels, or motor vehicles, and excluding permanent outdoor storage, display, or sales. See also conditional uses in this district. (3) Retail services. The following small-scale (gross floor area 6000 sq.ft. or less per lot) retail services, excluding outdoor work or permanent outdoor storage: a. Bed and breakfast inns. b. Boarding and rooming houses. c. Child care facilities. 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. Repair services, including appliance repair, furniture refinishing and upholstery, watch and jewelry repair, small engine and motor services, but excluding major motor vehicle or boat service or repair. g. Restaurants, and brewpubs, including on-premises consumption of alcoholic beverages, but excluding drive-in or drive-through service and brewpubs with distribution of alcoholic beverages for off-site sales. See also conditional uses in this district. (4) Public and civic. a. Preschools and kindergartens. b. Emergency service facilities, including law enforcement, fire fighting, and medical assistance. c. Foster care facilities. d. Places of worship. e. Public utility structures, excluding telecommunications towers. See also conditional uses in this district. (5) Recreation and entertainment. a. Marinas, private only. b. Parks without permanent restrooms or outdoor event lighting. See also conditional uses in this district. (6) Industrial and related. No industrial or related uses. (7) Agricultural and related. Agricultural production limited to food primarily for personal consumption by the producer, but no farm animals. (e) Location criteria. All new non-residential uses proposed within the HDMU district that are not part of a predominantly residential development or a planned unit development, or are not identified as exempt by district regulations, shall be on parcels that satisfy at least one of the following location criteria: (1) Proximity to intersection. Along an arterial or collector street and within 200 feet of an intersection with another arterial or collector. (2) Proximity to traffic generator. Along an arterial or collector street and within a one-quarter mile radius of an individual traffic generator of more than 600 daily trips, such as an apartment complex, military base, college campus, hospital, shopping mall or similar generator. (3) Infill development. Along an arterial or collector street, in an area where already established non-residential uses are otherwise consistent with the HDMU district, 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) Site design. Along an arterial street and at the intersection with a local street that serves to connect the arterial street to another arterial, and all of the following site design conditions: a. Any intrusion into a recorded residential subdivision is limited to a corner lot b. Access and stormwater management is shared with adjoining uses or properties to the extent practicable. c. 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. (5) 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). (f) Rezoning to HDMU. High Density Mixed-use zoning may be established only within the Mixed-Use Suburban (MU-S), Mixed-Use Urban (MU-U), or Commercial (C) future land use categories. The district is suitable for areas where the intermixing of uses has been the custom, where future uses are uncertain, and some redevelopment is probable. The district is appropriate to provide transitions between areas zoned or used for medium or high density residential and areas zoned or used for commercial. Rezoning to HDMU is subject to the same location criteria as any new non-residential use proposed within the HDMU district. FINDINGS The proposed amendment is not consistent with the intent and purpose of the Land Development Code. The applicant did not submit a compatibility analysis regarding the potential uses of the parcel. The site does not meet the following required location criteria: proximity to intersection, proximity to traffic generator, and site design. The more intense uses of HDMU are not found on the surrounding parcels, therefore the new use would not consitute infill development.
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 not compatible with surrounding existing uses in the area. Within the 500' radius impact area, staff observed properties with zoning districts HDMU, MDR, and LDR. There are 10 single-family residences, eight vacant residential properties, five vacant commercial properties, two churches, and one retail store. The proposed amendment would result in a more intense use of the subject property than the surrounding adjacent properties. Most parcels in the area are single-family residences or vacant. The allowable uses in the HDMU zoning appear to be incompatible with the current surrounding parcels in the immediate area.
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(s).
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 not result in a logical and orderly development pattern. The adjacent properties are residential. The nearest commercial is a small scale retail shop located at the intersection of two arterial streets located greater than 500' from the subject property. 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-2017-02


Planning Board-Rezoning		7. C.
Meeting Date:	04/04/2017
CASE :	Z-2017-03
APPLICANT:	Wiley C. "Buddy" Page, Agent for Ali Ramzan, Owner
ADDRESS:	101 Beverly Parkway
PROPERTY REF. NO.:	46-1S-30-2001-024-018
FUTURE LAND USE:	MU-U, Mixed-Use Urban
DISTRICT:	3
OVERLAY DISTRICT:	Palafox
BCC MEETING DATE:	05/04/2017

SUBMISSION DATA:
REQUESTED REZONING: FROM: HDMU, High Density Mixed-use district (25 du/acre) TO: HC/LI-NA, Heavy Commercial and Light Industrial district, prohibiting the subsequent establishment of any microbreweries, microdistilleries, microwineries, bars, nightclubs, or adult entertainment uses (25 du/acre, lodging unit density not limited by zoning) 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 1.3.1 Future Land Use Categories. MU-U, Mixed Use Urban is intended for an intense mix of residential and non-residential uses while promoting compatible infill development and the separation of urban and suburban land uses within the category as a whole. 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-Suburban, Mixed Use-Urban, Commercial and Industrial Future Land Use districts categories (with the exception of residential development). FINDINGS The proposed amendment to HC/LI-NA 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 allows for a mix of both residential and non-residential uses such a retail and services, professional office and light industrial. As stated in CPP FLU 1.5.1, if development occurs, the property will utilize the existing roadway, utilities and infrastructures and will encourage redevelopment of the underutilized property to maximize development densities and intensities located in the Mixed-Use Urban Future Land use categories.
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. 3-3.6 Palafox Overlay (Pfox-OL). (e) Non-residential site and building requirements. The following non-residential site and building requirements apply within the Pfox-OL district Structure height. New or redeveloped buildings, or building additions, shall complement the existing pattern of building heights. No structure shall exceed 45 feet in height and any lower height required by the underlying zoning district shall govern. Materials and detailing. New structures, additions and renovations shall be constructed to be long-lasting and use materials and detailing that maintain the distinct character and harmony of the Palafox Community Redevelopment District. Vinyl or metal siding is prohibited on the primary facades of buildings adjacent to public rights-of-way. All accessory structures shall use the same materials, color, and/or style of the primary façade if visible from a public way. Setbacks. New construction shall be set back a distance similar to that of adjacent buildings unless customer parking is provided adjacent to the street in support of CPTED principles. Exceptions may be granted if the setback is pedestrian oriented and contributes to the quality and character of the streetscape. Facades. Front facades. A front building facade more than 80 feet in width shall be divided into increments by changes in materials, bay windows, wall offsets, or similar methods. Rear façade. A minimum of 15 feet of a building’s rear façade facing a public right of way, parking area, or open space shall consist of transparent materials, not including reflective glass. Natural features. Natural features shall be protected and integrated into site design and development where possible. The applicant shall demonstrate how the development protects and incorporates existing vegetation. Landscaping. Water conservation is encouraged through proper landscape plant selection, installation and maintenance practices. Native plant species are required. All non-residential development applications shall include a landscape plan as part of compliance review. The plan shall include the areas of natural vegetation to be protected, location and species of all plants to be installed, and an irrigation plan. Signs. Site signage is limited to one freestanding monument sign per development parcel, scaled primarily for pedestrians, and not to exceed 100 square feet in area and 12 feet in height, except for multi-tenant development where the sign may be up to 300 square feet. Sign colors, materials, and lighting shall avoid adverse visual impacts on surrounding properties. Wall signs shall not obstruct design details, windows, or cornices of the buildings to which they are attached. For individual tenants in a multi-tenant development, wall signs shall not exceed 20 square feet per sign. Lighting. Lighting in the overlay district should serve to illuminate facades, entrances and signage to provide an adequate level of personal safety while enhancing the aesthetic appeal of the buildings. Building and signage lighting must be indirect, with the light source hidden from direct pedestrian and motorist view. Parking. Parking in the overlay district must adequately serve the users without detracting from the compact design that makes it a successful commercial center. Off-street parking must be located in the rear. If the lot orientation cannot accommodate adequate rear parking, parking on the side would then be permitted. Buffers and screening of outdoor storage. All outside storage must be screened from public view. The screening must use the same materials, color, and/or style as the primary building for architectural compatibility with the primary building and the building it is adjacent to. If the outside storage area is separate from the building it serves the following shall apply: Type. Only fences constructed of legitimate fencing materials (may or may not be opaque) or masonry, concrete or stucco walls may supplement buffers. Specifically, garage doors and sheets of roofing material do not qualify for fencing or wall materials. Screening of outdoor storage. Opaque fencing shall mean chain link fence with slats, privacy wooden fence, or privacy PVC/vinyl fence. A six-foot concrete or stucco wall may also be used to screen outdoor storage. LDC Section 3-2.11 Heavy commercial and light industrial district (HC/LI) Permitted uses. Permitted uses within the HC/LI district are limited to the following: (1) Residential. Any residential uses if outside of the Industrial (I) future land use category and part of a predominantly commercial development, 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 i. 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. 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 or areas zoned ID-CP or ID-1 prior to adoption of HC/LI zoning. 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. 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. 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. i. Sales and outdoor display of prefabricated storage sheds. j. Self-storage facilities, including vehicle rental as an accessory use. 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. FINDINGS The proposed amendment to HC/LI-NA is not consistent with the intent and purpose of the Land Development Code. Heavy commercial/light industrial allows for a broad range of intense commercial and industrial uses, but prohibits the establishment of microbreweries, microdistilleries, bars, nightclubs, or adult entertainment uses. See the list of permitted uses above. The parcel does meets the locational criteria as stated in LDC 3-2.11(8)(e)(1), being addressed on Beverly Parkway, an arterial roadway and within one-quarter mile of its intersection with an arterial street. The proposed request to rezone to HC/LI-NA is inappropriate for the area and would consequently introduce large scale, more intense industrial uses. David Forte, Division Manager in the Transportation and Traffic Division has provided review and comments applicable to this specific case, see Attachment A. The parcel is within the Palafox Redevelopment area and must comply with the requirements as stated in LDC 3-3.5, listed above. CRA department has not provided comments at this time.
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 not compatible with surrounding existing uses in the area. Within the 500' radius impact area, properties were zoned HDMU, Com and HC/LI. As stated in LDC Section 3-2.11, the primary intent of the HC/LI-NA district is to allow wholesale, retail, light manufacturing, major services and more intense uses while prohibiting breweries, distilleries, wineries, bars, nightclubs, or adult entertainment uses. The parcels fronting Beverly Parkway are currently neighborhood commercial uses, and the parcels to the south, along Carolyn Way, are existing residential. The HC/LI district allows for a mix of industrial uses with a broad range of commercial activities. If the request is granted, it would allow light manufacturing, large-scale wholesale and other more intense uses than are allowed in the current zoning. It is recommended the parcel be considered for a less intense zoning designation such as Commercial, in order to create a smooth transition from HDMU. Commercial zoning designation would allow activities that are more compatible with the existing mixed-use neighborhood commercial uses. Certain types of uses will require conditional use approval such as used automobile sales.
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 not result in a logical and orderly development pattern. The majority of uses along Beverly Parkway within the area of the subject property are a complimentary mix of residential and neighborhood retail sales and services. Uses as listed for HC/LI district would be more intense than if the Commercial zoning district was assigned. When applicable, further review during the Site Plan Review process will be necessary to determine the new development complies with all applicable LDC regulations for buffering, parking, access and any other requirements of the code to ensure the activity will not adversely impact the existing neighborhood. 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-2017-03


Planning Board-Rezoning		7. D.
Meeting Date:	04/04/2017
Issue:	A Public Hearing Concerning Vested Rights Determination
Organization:	Development Services

RECOMMENDATION:

That the Planning Board review and make recommendation to the Board of County Commissioners (BCC) on the following Vested Rights case:

Case No.:	VRD-2017-01
Project Address:	9300 Blk Gibson Road
Property Reference No.:	24-3N-32-1301-001-001
Zoning District:	Agr
FLU Category:	AG
Vested Rights for:	Land Use
Applicant:	Constance Parker

BACKGROUND:

In 2002, the Applicant purchased a ten acre parcel of land that was a portion of an 85± acre lot-of-record. While the future land use and zoning both called for minimum 20 acre lots, the Applicant pulled a permit in 2003 and built a home on the west half of the ten acre parcel. The western five acre portion containing the home was sold in 2005 and that same year the Applicant became the sole owner of the remaining eastern five acres. The Applicant has since paid taxes on the five acres in question and states that she believed it to be a buildable lot.

In 2017, the Applicant approached Planning staff regarding permitting a home on the parcel and was told that the parcel is non-conforming with future land use and zoning and a building permit can not be issued. Staff reviewed with the Applicant the idea of seeking a future land use change along with a rezoning to make the parcel conforming. This option would prove difficult as either change would result in an isolated district and would be a considerable cost while providing no assurance of a positive outcome.

Faced with these options, the Applicant is requesting to be vested with development rights for the non-conforming five acre parcel.

CRITERIA FOR VESTED RIGHTS:

LDC 2-6.7 Vested Rights. It is the intent of the Land Development Code to provide a mechanism for the granting of an equitable vested right according to the provisions of this section when a landowner asserts that sufficient development activity, once lawful under applicable land use regulations but now contrary to their terms, has occurred so that the landowner is entitled to a development right. An owner shall be entitled to a Determination of Vested Rights only if through substantial competent evidence it can be established that the proposed use of the property meets the concurrency provisions of Article 3, Chapter 5 at the time of vesting.

CRITERION 1:

LDC 2-6.7(1) The project was authorized pursuant to a County Development Order, or equivalent issued on or before the effective date of this code, or a pertinent amendment thereto, and the development has commenced and is continuing in good faith. In a claim based upon this criterion, the owner must produce evidence of actions and accomplishments that substantiate timely and lawful progression towards the completion of the intentions and plans documented in the original order, or equivalent. In a claim based upon this criterion, the rights to which the owner may be vested is a continuation of the original order, or equivalent.

FINDINGS:

Staff research has found no permit or other development approval for the parcel in question.

LDC 2-6.8(f) Limitation on vested rights. A determination of vested rights shall expire and be null and void unless construction of improvements, if any, are commenced pursuant to a development order within 18 months after the issuance of the determination of vested rights.

CRITERION 2:

LDC 2-6.7(2) The owner is determined to have acquired rights due to good faith reliance on an act of commission or omission of the County which has caused the owner to make such a substantial change in position or to incur such extensive obligations and expenses that it would be highly inequitable and unjust to destroy the rights acquired. In a claim based upon this criterion, the owner must document, and the County must verify, the obligations and expenses that are in jeopardy. The owner must produce evidence of actions and accomplishments that substantiate timely and lawful progression towards the completion of the intentions and plans that have been jeopardized. Evidence including, but not limited to, that which demonstrates that such activity has not progressed in such a manner may be sufficient to negate a finding of good faith on the part of the owner and therefore invalidate the claim to vested rights.

FINDINGS:

The Applicant contends that her expense in taxes and surveys for the parcel have vested her with development rights. She also has stated her belief that since the County granted a permit on the western five acres, she believed the eastern five acres were buildable as well.

In a review of the permit issued for the western parcel, staff found mention that the permit was granted based on the Land Development Code family conveyance provision (Sec. 5-3.2(d)) which states:

Family conveyance exception. No building permit shall be denied where the property in question is to be used solely as a homestead by an owner-applicant who is the grandparent, parent, step-parent, adopted parent, sibling, child, step-child, adopted child, niece, nephew, aunt, uncle or grandchild of the person who conveyed the parcel to such applicant, notwithstanding the density or intensity of use assigned to the parcel by a particular zoning district. This exception shall apply only once to any owner-applicant.

Because this provision has already been applied to the parent ten acres, it is not available for the remaining parcel.

Attachments
VRD-2017-01


AGENDA ESCAMBIA COUNTY PLANNING BOARD QUASI-JUDICIAL HEARING April 4, 2017–8:30 a.m. Escambia County Central Office Complex 3363 West Park Place, Room 104