Agenda


Planning Board-Rezoning		7. A.
Meeting Date:	05/01/2018
CASE :	Z-2018-04
APPLICANT:	Tom Hammond, Agent for Dog Track Area Developers, LLC, Owners
ADDRESS:	1529 Ora Drive Behind and 1529 Ora Drive
PROPERTY REF. NO.:	29-2S-31-2002-000-000 and 29-2S-31-2202-000-002
FUTURE LAND USE:	MU-S, Mixed-Use Suburban
DISTRICT:	1
OVERLAY DISTRICT:	N/A
BCC MEETING DATE:	06/07/2018

SUBMISSION DATA:
REQUESTED REZONING: FROM: LDR, Low Density Residential district (four du/acre) and HDMU, High Density Mixed-use district (25 du/acre) TO: MDR, Medium Density Residential district (10 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 The proposed zoning is consistent with the future land use (FLU) category as prescribed in LDC Chapter 3, and with all other applicable goals, objectives, and policies of the Comprehensive Plan. If the rezoning is required to properly enact a proposed FLU map amendment transmitted for state agency review, the proposed zoning is consistent with the proposed FLU and conditional to its adoption. FLU 1.3.1 Future Land Use Categories. General descriptions, range of allowable uses, and residential densities and non-residential intensities for all future land use categories in Escambia County are outlined below. 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 MDR is consistent with the intent and purpose of Future Land Use category Mixed-Use Suburban (MU-S), as stated in CPP FLU 1.3.1 Future Land Use Categories. The 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 are listed as: residential, retail sales & services, professional office, recreational facilities, public and civic, limited agriculture. The amendment is also consistent with the intent of FLU 1.5.1, by making use of the existing public roads and the availability of utilities and service infrastructure.
Criterion b., LDC Sec. 2-7.2(b)(4)
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. 3-2.5 Low Density Residential district (LDR). (a) Purpose. The Low Density Residential (LDR) district establishes appropriate areas and land use regulations for residential uses at low densities within suburban areas. The primary intent of the district is to provide for large-lot suburban type residential neighborhood development that blends aspects of rural openness with the benefits of urban street connectivity, and at greater density than the Rural Residential district. Residential uses within the LDR district are predominantly detached single-family dwellings. Clustering dwellings on smaller residential lots may occur where needed to protect prime farmland from non-agricultural use or to conserve and protect environmentally sensitive areas. The district allows non-residential uses that are compatible with suburban residential neighborhoods and the natural resources of the area. 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. 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. (b) Permitted uses. Permitted uses within the MDR district are limited to the following: (1) Residential. a. Manufactured (mobile) homes only within manufactured home parks or subdivisions. No new or expanded manufactured home parks, and new or expanded manufactured home subdivisions only on land zoned V-4 prior to adoption of MDR zoning. b. Single-family dwellings (other than manufactured homes), detached and only one per lot, excluding accessory dwellings. Accessory dwellings only on lots one acre or larger. Attached single-family dwellings and zero lot line subdivisions only on land zoned R-3 or V-4 prior to adoption of MDR zoning. c. Two-family dwellings only on land zoned R-3 or V-4 prior to adoption of MDR zoning, and multi-family dwellings up to four units per dwelling (quadruplex) only on land zoned V-4 prior to MDR zoning. See also conditional uses in this district. (2) Retail sales. No retail sales. (3) Retail services. No retail services. See conditional uses in this district. (4) Public and civic. Public utility structures, excluding telecommunications towers. See also conditional uses in this district. (5) Recreation and entertainment. a. Marinas, private. 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. See also conditional uses in this district. (8) Other uses. [reserved] FINDINGS The proposed amendment is consistent with the intent and purpose of the Land Development Code. The applicant is requesting the same MDR zoning designation and allowances for both parcels. The existing zoning allowances for the two parcels, currently LDR and HDMU, provide a range of uses and intensities that are included within the allowances of the requested MDR zoning district. A review of the current zoning map, as it relates to the two parcels in question, shows that the properties adjacent to Ora Drive, East and West, are mainly medium density and high density mixed-use zoning. If approved, the applicant's request will improve the compatibility of the zoning, existing uses and allowances within the surrounding area.
Criterion c., LDC Sec. 2-7.2(b)(4)
Compatible with surrounding uses All the permitted uses of the proposed zoning, not just those anticipated by the rezoning applicant, are compatible, as defined in Chapter 6, with the surrounding uses. The uses of any surrounding undeveloped land shall be considered the permitted uses of the applicable district. Compatibility is not considered with potential conditional uses or with any nonconforming or unapproved uses. Also, in establishing the compatibility of a residential use, there is no additional burden to demonstrate the compatibility of specific residents or activities protected by fair housing law. FINDINGS The proposed amendment is compatible with surrounding existing uses in the area. Within the 500' radius, staff identified properties with zoning districts LDR, MDR and HDMU. There is one multi-family use parcel, 88 single-family residences, 21 mobile homes, two mobile home park, 22 vacant residential, two non-agricultural acreage parcels, four wasteland designated parcels, three miscellaneous residential and one right-of-way parcel. All surrounding zoning districts range from low-density residential to high-density mixed-use. The existing uses and intensities on the ground, appear to be compatible with the allowed uses under the requested MDR district.
Criterion d., LDC Sec. 2-7.2(b)(4)
Appropriate if spot zoning. Where the proposed zoning would establish or reinforce a condition of spot zoning as defined in Chapter 6, the isolated district would nevertheless be transitional in character between the adjoining districts, or the differences with those districts would be minor or sufficiently limited. The extent of these mitigating characteristics or conditions demonstrates an appropriate site specific balancing of interests between the isolated district and adjoining lands. As per LDC Chapter 6, Spot Zoning is: Zoning applied to an area of land, regardless of its size, that is different from the zoning of all contiguous land. Such isolated or “spot” zoning is usually higher in its density or intensity of use than the adjoining zoning and may, therefore, extend privileges not generally extended to property similarly located in the area. Spot zoning is not by itself prohibited, but due to its potentially adverse impacts on adjoining zoning it carries a higher burden of demonstration that, if authorized, it will contribute to or result in logical and orderly development FINDINGS The request to MDR would not establish or reinforce spot zoning; based on the LDC definition, the request to rezone both properties, one low density and one high density mixed-use, to MDR will actually make those two parcels more compatible with the adjacent zoning and the existing uses and intensities.
Criterion e., LDC Sec. 2-7.2(b)(4)
Appropriate with changed or changing conditions. If the land uses or development conditions within the area surrounding the property of rezoning have changed, the changes are to such a degree and character that it is in the public interest to allow new uses, density, or intensity in the area through rezoning; and the permitted uses of the proposed district are appropriate and not premature for the area or likely to create or contribute to sprawl.? FINDINGS The land uses or development conditions within the area surrounding the properties have not changed. The development within the area has remained low to mid-density residential. As the two parcels are proposed for rezoning to MDR, the potential uses, densities and intensities allowed by that district would be compatible with the existing surrounding development patterns. The proposed amendment would not create or contribute to urban sprawl.

Attachments
Working Case File


Planning Board-Rezoning		7. B.
Meeting Date:	05/01/2018
CASE :	Z-2018-05
APPLICANT:	Cynthia Mather, Agent for Airplane Services, Inc, Owner
ADDRESS:	5900 W Nine Mile Rd
PROPERTY REF. NO.:	06-1S-31-4402-000-000
FUTURE LAND USE:	MU-S, Mixed-Use Suburban
DISTRICT:	1
OVERLAY DISTRICT:	AIPD2, OLF 8
BCC MEETING DATE:	06/07/2018

SUBMISSION DATA:
REQUESTED REZONING: FROM: HDMU, High Density Mixed-use district (25 du/acre) and Com, Commercial 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 The proposed zoning is consistent with the future land use (FLU) category as prescribed in LDC Chapter 3, and with all other applicable goals, objectives, and policies of the Comprehensive Plan. If the rezoning is required to properly enact a proposed FLU map amendment transmitted for state agency review, the proposed zoning is consistent with the proposed FLU and conditional to its adoption. Comp Plan Policy (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 nonresidential uses while promoting compatible infill development and the separation of urban and suburban land uses. Range of allowable uses include: Residential, Retail and Services, Professional Office, Recreational Facilities, Public and Civic. The maximum residential density is twenty five 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-Suburban, Mixed Use-Urban, Commercial and Industrial Future Land Use districts categories (with the exception of residential development). FINDINGS The proposed amendment to Com is consistent with the intent and purpose of Future Land Use category MU-S as stated in CPP FLU 1.3.1. The FLU category allows for a mixture of commercial and residential development. The property is located along Nine Mile Rd, a minor arterial, and currently has a commercial business on the corner of Nine Mile and Beulah as well as a mobile home park. There are several other commercial developments in the area of the proposed zoning.
Criterion b., LDC Sec. 2-7.2(b)(4)
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. 3-2.10 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. (b) Permitted uses. Permitted uses within the Commercial district are limited to the following: (1) Residential. The following residential uses are allowed throughout the district, but if within the 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 new or expanded manufactured home parks or subdivisions. 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. Retail sales, including Low-THC marijuana dispensing facilities, sales of alcoholic beverages and automotive fuels, but excluding motor vehicle sales and permanent outdoor storage. See also conditional uses in this district. (3) Retail services. The following retail services, excluding permanent outdoor storage: 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. 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, and outdoor work. g. 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. 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. Foster care facilities. g. Funeral establishments. h. Hospitals. i. Offices for government agencies or public utilities. j. Places of worship. k. Public utility structures, including telecommunications towers, but excluding any industrial uses. l. Warehousing or maintenance facilities for government agencies or for public utilities. See also conditional uses in this district. (5) Recreation and entertainment. a. Campgrounds and recreational vehicle parks on lots five acres or larger. b. Indoor recreation or entertainment facilities, including movie theaters, bowling alleys, skating rinks, arcade amusement centers, bingo facilities and shooting ranges, but excluding bars, nightclubs or adult entertainment facilities. c. Marinas, private and commercial. d. Parks without permanent restrooms or outdoor event lighting. See also conditional uses in this district. (6) Industrial and related. a. Printing, binding, lithography and publishing. b. Wholesale warehousing with gross floor area 10,000 sq.ft. or less per lot. See also conditional uses in this district. (7) Agricultural and related. a. Agricultural food production 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. See also conditional uses in this district. (8) Other uses. a. Billboard structures. b. Outdoor storage if minor and customarily incidental to the allowed principal use, and if in the rear yard, covered, and screened from off-site view, unless otherwise noted. c. Parking garages and lots, commercial. d. Self-storage facilities, excluding vehicle rental. (e) Location criteria. All new non-residential uses proposed within the Commercial district that are not part of a planned unit development or not identified as exempt by the district 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 one-quarter mile of its intersection with an arterial street. (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 Commercial 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 or collector street, no more than one-half mile from its intersection with an arterial or collector street, not abutting a single-family residential zoning district (RR, LDR or MDR), and all of the following site design conditions: a. Any Intrusion into a recorded subdivision is limited to a corner lot. b. A system of service roads or shared access is provided to the maximum extent made feasible by lot area, shape, ownership patterns, and site and street characteristics. 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 potential uses of parcel that were not anticipated by the alternative criteria, and the proposed use, or rezoning as applicable, 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). Sec. 4-4.5 Airport and airfield planning districts. (b) Military Airfield Influence Planning Districts. Airfield Influence Planning Districts (AIPDs) are established to provide enhanced protection in support of the continued operation of military airfields for areas that are close enough to those airfields to influence or be influenced by their activities. AIPDs impose additional restrictions on surrounding development that primarily address noise and safety concerns created by flight operations and potential interferences with those operations. If military operations permanently cease at an airfield, the supplemental requirements of its AIPDs will no longer apply to surrounding lands. (6) AIPD-2 requirements. AIPD-2 is additional areas extended beyond AIPD-1 that is sufficiently close to the airfield to require some protections. AIPD-2 requirements are the same for all airfields. Densities and minimum lot sizes of the underlying zoning districts are not modified by AIPD-2. FINDINGS The proposed amendment is consistent with the intent and purpose of the Land Development Code. The Commercial 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. If a current legal non conforming use expands beyond the current commercial boundary, the applicant must apply for a Conditional use and a development review process. The parcel meets the locational criteria due to the fact that it is along an arterial road and also at the intersection of an arterial roadway and a collector roadway. The parcel is in AIPD-2 which does not modify the density or lot sizes. The zoning would determine the density allowed.
Criterion c., LDC Sec. 2-7.2(b)(4)
Compatible with surrounding uses All the permitted uses of the proposed zoning, not just those anticipated by the rezoning applicant, are compatible, as defined in Chapter 6, with the surrounding uses. The uses of any surrounding undeveloped land shall be considered the permitted uses of the applicable district. Compatibility is not considered with potential conditional uses or with any nonconforming or unapproved uses. Also, in establishing the compatibility of a residential use, there is no additional burden to demonstrate the compatibility of specific residents or activities protected by fair housing law. 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 LDR, MDR, HC/LI and Com. There is a car lot, mobile home park, convenience store, church, single-family residences, as well as a school and other commercial developments currently in the development stage.
Criterion d., LDC Sec. 2-7.2(b)(4)
Appropriate if spot zoning Where the proposed zoning would establish or reinforce a condition of spot zoning as defined in Chapter 6, the isolated district would nevertheless be transitional in character between the adjoining districts, or the differences with those districts would be minor or sufficiently limited. The extent of these mitigating characteristics or conditions demonstrates an appropriate site specific balancing of interests between the isolated district and adjoining lands. As per LDC Chapter 6, Spot Zoning is: Zoning applied to an area of land, regardless of its size, that is different from the zoning of all contiguous land. Such isolated or “spot” zoning is usually higher in its density or intensity of use than the adjoining zoning and may, therefore, extend privileges not generally extended to property similarly located in the area. Spot zoning is not by itself prohibited, but due to its potentially adverse impacts on adjoining zoning it carries a higher burden of demonstration that, if authorized, it will contribute to or result in logical and orderly development. FINDINGS Currently the parcel consists of two zoning districts, HDMU and Com. The majority of the parcel is HDMU, which would be considered spot zoning due to the fact there is no other HDMU in the area. Changing the split zoned parcel from High Density Mixed-use and Commercial to Commercial will remove the split zoning while allowing for more commercial activity that would be compatible with the commercial uses along Nine Mile Road, resulting in a logical and orderly development pattern.
Criterion e., LDC Sec. 2-7.2(b)(4)
Appropriate with changed or changing conditions If the land uses or development conditions within the area surrounding the property of rezoning have changed, the changes are to such a degree and character that it is in the public interest to allow new uses, density, or intensity in the area through rezoning; and the permitted uses of the proposed district are appropriate and not premature for the area or likely to create or contribute to sprawl. FINDINGS The land uses or development conditions within the area surrounding the property of rezoning have changed. The area along Nine Mile Rd is growing with the additions to Navy Federal, upcoming subdivisions, new middle school and improvements to Nine Mile Rd. The request to rezone to Commercial will allow for a range of commercial developments that could provide services to the neighboring subdivisions.

Attachments
Working Case File


Planning Board-Rezoning		7. C.
Meeting Date:	05/01/2018
CASE :	SPZ-2018-01 (formerly Z-2017-17)
APPLICANT:	Wanda French-Hawkins, Agent for Jason Hawkins, Owner
ADDRESS:	6355 Mockingbird Lane
PROPERTY REF. NO.:	35-1S-30-7117-000-000
FUTURE LAND USE:	MU-U, Mixed-Use Urban
DISTRICT:	3
OVERLAY DISTRICT:	Oakfield
BCC MEETING DATE:	06/07/2018

SUBMISSION DATA:
REQUEST: To Allow a Mobile Home in MDR, Medium Density Residential district (10 du/acre) Per Ordinance 2018-17; Adopted April 5, 2018 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 The proposed zoning is consistent with the future land use (FLU) category as prescribed in LDC Chapter 3, and with all other applicable goals, objectives, and policies of the Comprehensive Plan. If the rezoning is required to properly enact a proposed FLU map amendment transmitted for state agency review, the proposed zoning is consistent with the proposed FLU and conditional to its adoption. 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. FINDINGS The proposed amendment to allow a mobile home in MDR zoning is consistent with the intent and purpose of the Future Land use category of MU-S as stated in CPP FLU 1.3.1. The Comprehensive Plan allows for residential, retail sales and services, professional office, recreational facilities, public and civic, limited agriculture.
Criterion b., LDC Sec. 2-7.2(b)(4)
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. 3-2.7 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. FINDINGS The permitted uses within the MDR zoning category does not allow the placement of a mobile home, however based on an adopted Ordinance 2018-17 adopted April 5, 2018, the Board of County Commissioners approved a Special-Use rezoning process to allow mobile homes within MDR zoning districts. If the applicant meets the criteria under these allowances, then the request could be compatible with the LDC.
Criterion c., LDC Sec. 2-7.2(b)(4)
Compatible with surrounding uses All the permitted uses of the proposed zoning, not just those anticipated by the rezoning applicant, are compatible, as defined in Chapter 6, with the surrounding uses. The uses of any surrounding undeveloped land shall be considered the permitted uses of the applicable district. Compatibility is not considered with potential conditional uses or with any nonconforming or unapproved uses. Also, in establishing the compatibility of a residential use, there is no additional burden to demonstrate the compatibility of specific residents or activities protected by fair housing law. 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 MDR and HDMU. In the area, there are single-family residences, one church, three mobile homes and vacant residentially zoned properties. The request to allow a mobile home on the parcel will be the same intensity as other single-family or mobile homes in the area and other uses would be limited to the permitted or conditional uses of the district.
Criterion d., LDC Sec. 2-7.2(b)(4)
Appropriate if spot zoning Where the proposed zoning would establish or reinforce a condition of spot zoning as defined in Chapter 6, the isolated district would nevertheless be transitional in character between the adjoining districts, or the differences with those districts would be minor or sufficiently limited. The extent of these mitigating characteristics or conditions demonstrates an appropriate site specific balancing of interests between the isolated district and adjoining lands. As per LDC Chapter 6, Spot Zoning is: Zoning applied to an area of land, regardless of its size, that is different from the zoning of all contiguous land. Such isolated or “spot” zoning is usually higher in its density or intensity of use than the adjoining zoning and may, therefore, extend privileges not generally extended to property similarly located in the area. Spot zoning is not by itself prohibited, but due to its potentially adverse impacts on adjoining zoning it carries a higher burden of demonstration that, if authorized, it will contribute to or result in logical and orderly development. FINDINGS Staff determines that the proposed rezoning request is compliant with Ordinance 2018-17, approved by the Board of County Commissioners on April 5, 2018, and will not establish or reinforce a condition of spot zoning for the following reasons: The zoning and density of MDR is not changing. The commercial uses are yet not permitted and the allowable uses are not changing with the exception of a mobile home. It appears the existing uses in close proximity of the parcel in question are mobile homes. Thus an appropriate site specific balance between the existing uses and the proposed use exists.
Criterion e., LDC Sec. 2-7.2(b)(4)
Appropriate with changed or changing conditions If the land uses or development conditions within the area surrounding the property of rezoning have changed, the changes are to such a degree and character that it is in the public interest to allow new uses, density, or intensity in the area through rezoning; and the permitted uses of the proposed district are appropriate and not premature for the area or likely to create or contribute to sprawl. FINDINGS The land uses or development conditions within the area surrounding the property of rezoning have not changed. SPECIAL USE CRITERIA Notwithstanding the rezoning criteria enumerated above, a request for a special-use rezoning may be permitted in zoning districts Medium Density Residential district (MDR) and High Density Residential district (HDR) for the use and placement of a mobile home as a single-family dwelling. The applicant has the burden of presenting competent substantial evidence to the reviewing board establishing that the site, use and proposed structure would meet the following criteria:
Criteria a and b; LDC 2-7,2(4)b
a. Must be on a conforming lot or lot of record FINDINGS The parcel is a lot of record confirmed by staff using the 1996 lot of record date. b. Minimum lot size of one acre FINDINGS According to the Escambia County Property appraiser's website, this site is approximately parcel is 5.0 (+/-) acres in size.
Criteria c and d; LDC 2-7.2(4)b
c. Front setback must be a minimum of 40 feet. FINDINGS The required setback will be reviewed when the applicant submits an application to place the mobile home on site. d. Only one mobile home allowed per lot FINDINGS According to the Escambia County Property appraiser's website, this site is vacant residential. This criterion was also confirmed during a site visit. The applicant must acknowledge this allowance.
Criteria e and f; LDC 2-7.2(4)b
e. Lot may not be subdivided FINDINGS Approval of this special use zoning will require that the property will not be subdivided. f. Lot may not be located within a platted subdivision FINDINGS The lot is not located within a platted subdivision.
Criteria g and h; LDC 2-7.2(4)b
g. Use may not otherwise be prohibited by an overlay district FINDINGS The parcel is located in the Oakfield overlay district, but there are not supplemental land use requirements at this time. h. The use of a mobile home is compatible with the surrounding area FINDINGS The proposed amendment is compatible with surrounding existing uses in the area due to the fact that other mobile homes are currently existing in the immediate area.
Criteria i and j; LDC 2-7.2(4)b
i. Structure may not be located in a FEMA designated Special Flood Hazard Area, in a designated Coastal High Hazard Area or within Escambia County designated Evacuation Zones A, B or C. FINDINGS The parcel is located in an X Flood Zone. j. No other permitted or conditional use contained within the special use zoning, except for use of a mobile home as a single-family residence shall be allowed. FINDINGS This special use rezoning request is only for the placement of one mobile home.
Criteria k and l; LDC 2-7.2(4)b
k. Upon notice to the County and confirmation that the property is no longer being used for placement of a mobile home as a single-family residence, the property owner or agent shall request reversion to the prior zoning category pursuant the rezoning criteria contained herein. FINDINGS The County is to be notified if the mobile home is removed by owner. l. Lot may not be located in the Escambia County Mid-West Sector Plan FINDINGS The parcel is not located in the Escambia County Mid-West Sector Plan.

Attachments
Working Case File


AGENDA ESCAMBIA COUNTY PLANNING BOARD QUASI-JUDICIAL HEARING May 1, 2018–8:30 a.m. Escambia County Central Office Complex 3363 West Park Place, Room 104