Agenda


Planning Board-Rezoning		5. A.
Meeting Date:	04/09/2012
CASE :	Z-2012-04
APPLICANT:	Susan James Thibodeaux, Owner
ADDRESS:	3041 E. Olive Rd
PROPERTY REF. NO.:	17-1S-30-4204-000-001
FUTURE LAND USE:	MU-U, Mixed-Use Urban
DISTRICT:	4
OVERLAY DISTRICT:	NA
BCC MEETING DATE:	05/03/2012

Information
SUBMISSION DATA:
REQUESTED REZONING: FROM:R-4, Multiple-Family District, (cumulative) Medium High Density, (18 du/acre). TO:R-6, Neighborhood Commercial and Residential District, (cumulative) High Density, (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)
CRITERION (1)
Consistent with the Comprehensive Plan. Whether the proposed amendment is consistent with the Comprehensive Plan. Comprehensive Plan Policy (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. 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 district categories (with the exception of residential development). FINDINGS The proposed amendment to R-6 is consistent with the intent and purpose of Future Land Use category Mixed-Use Urban as stated in CPP FLU 1.1.1 because the proposed use of the property is one permitted under Mixed-Use Urban. The proposed amendment is consistent with the intent and purpose of Future Land Use category Mixed-Use Urban as stated in CPP FLU 1.3.1. The surrounding and abutting existing land uses are a combination of commercial, public and residential uses. The proposed rezoning to R-6 will produce the anticipated mix of land uses. The proposed amendment is consistent with the intent of CPP FLU 1.5.3 promoting the efficient use of existing public roads, utilities and service infrastructure; the proposed project includes the use of already existing roads and utilities. There are no major additions, or alterations proposed for the existing building; therefore, all supporting service infrastructure should be adequate. The proposed amendment also encourages redevelopment of an underutilized property.
CRITERION (2)
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. 6.05.11. R-4 multiple-family district, (cumulative) medium high density. A. Intent and purpose of district. This district is intended to provide for the development of medium high density residential uses and structures. This land use is designed to encourage the efficient use of land and maintain a buffer between lower density residential and business, commercial and industrial districts. The maximum density is 18 dwelling units per acre. Refer to Article 11 for uses, heights and densities allowed in R-4, multiple-family areas located in the Airport/Airfield Environs. Refer to the overlay districts within section 6.07.00 for additional regulations imposed on individual parcels with R-3 zoning located in the RA-1(OL) Barrancas Redevelopment Area Overlay District. 6.05.13. R-6 neighborhood commercial and residential district, (cumulative) high density. A. Intent and purpose of district. This district is intended to provide for a mixed use area of residential, office and professional, and certain types of neighborhood convenience shopping, retail sales and services which permit a reasonable use of property while preventing the development of blight or slum conditions. This district shall be established in areas where the intermixing of such uses has been the custom, where the future uses are uncertain and some redevelopment is probable. The maximum density is 25 dwelling units per acre, except in the low density residential (LDR) future land use category where the maximum density is 18 dwelling units per acre. Refer to Article 11 for uses, heights and densities allowed in R-6, neighborhood commercial and residential areas located in the Airport/Airfield Environs. Refer to the overlay districts within section 6.07.00 for additional regulations imposed on individual parcels with R-6 zoning located in the Scenic Highway Overlay District, C-4(OL) Brownsville-Mobile Highway and "T" Street Commercial Overlay District, or RA-1(OL) Barrancas Redevelopment Area Overlay District. All neighborhood commercial (R-6) development, redevelopment, or expansion must be consistent with the locational criteria in the Comprehensive Plan (Policies 7.A.4.13 and 8.A.1.13) and in Article 7. B. Permitted uses. 1. Any use permitted in the R-5 district. 2. Retail sales and services (gross floor area of building not to exceed 6,000 square feet). No permanent outside storage allowed. a. Food and drugstore, including convenience stores without gasoline sales. b. Personal service shop. c. Clothing and dry goods store. d. Hardware, home furnishings and appliances. e. Specialty shops. f. Banks and financial institutions. g. Bakeries, whose products are made and sold at retail on the premises. h. Florists shops provided that products are displayed and sold wholly within an enclosed building. i. Health clubs, spa and exercise centers. j. Studio for the arts. k. Martial arts studios. l. Bicycle sales and mechanical services. m. Other retail/service uses of similar type and character of those listed herein above. 3. Laundromats and dry cleaners (gross floor area not to exceed 4,000 square feet). 4. Restaurants. 5. Automobile service stations (no outside storage, minor repair only). 6. Appliance repair shops (no outside storage or work permitted). 7. Places of worship and educational facilities/institutions. 8. Fortune tellers, palm readers, psychics, etc. 9. Other uses which are similar or compatible to the uses permitted herein that would promote the intent and purposes of this district. Determination on other permitted uses shall be made by the planning board (LPA). 10. Mobile home subdivision or park. C. Conditional uses. 1. Any conditional use allowed in the R-5 district. 2. Drive-through restaurants (fast food or drive-in, by whatever name known). 3. Any building exceeding 120 feet height. 4. Neighborhood commercial uses that do not exceed 35,000 square feet of floor area. 5. Automobile service operations, including indoor repair and restoration (not including painting), and sale of gasoline (and related service station products), gross floor area not to exceed 6,000 square feet. Outside repair and/or storage and automotive painting is prohibited. 6. Mini-warehouses meeting the following standards: a. One acre or less in size (building and accessory paved area); b. Three-foot hedge along any right-of-way line; c. Dead storage use only (outside storage of operable vehicles including cars, light trucks, RVs, boats, and similar items). d. No truck, utility trailer, and RV rental service or facility allowed, see C-2. 7. Radio broadcasting and telecasting stations, studios, and offices with satellite dishes and antennas. On-site towers are prohibited. (See section 6.08.02.L.) 8. Temporary structures. (See section 6.04.16) 9. Arcade amusement centers and bingo facilities. 7.20.04. Neighborhood commercial locational criteria (AMU-1, R-6, VM-1). C. They may be located along an arterial or collector roadway without meeting the above additional requirements when one of the following conditions exists: 1. The property is located within one-quarter mile of a traffic generator or collector, such as commercial airports, medium to high density apartments, military installations, colleges and universities, hospitals/clinics, or other similar uses generating more than 600 daily trips. FINDINGS The proposed amendment is consistent with the intent and purpose of the Land Development Code. As referenced above, the R-6 zoning category does allow for a mix of residential, commercial and public uses. The existing structure has for the past five years operated as a convenience store, an existing nonconforming legal use. The amendment is also consistent with the commercial locational criteria. Within a quarter of a mile of this property, there are a high-density multifamily complex and a middle school that generate enough trips to meet the threshold as stated in 7.20.04.C.1. above.
CRITERION (3)
Compatible with surrounding uses. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses in the area of the subject property(s). FINDINGS The proposed amendment is compatible with surrounding existing uses in the area. Within the 500’ radius impact area, staff identified properties with zoning districts R-2 and R-4, 83 single-family residences mostly within the Charter Oaks subdivision, (Plat Book 9, Pg 80), and the Sky Crest subdivision, (Plat Book 5, Pg 15); one multi-family complex with 200 units, two mobile homes, one vacant residential, one church and six commercial use properties. Based on the current land use map, the existing building has been in operation as a convenience and retail store, a legal non-conforming use, next to other compatible commercial uses.
CRITERION (4)
Changed conditions. Whether and the extent to which there are any changed conditions that impact the amendment or property(s). FINDINGS Staff found no changed conditions that would impact the amendment or property(s).
CRITERION (5)
Effect on natural environment. Whether and the extent to which the proposed amendment would result in 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 evaluation during the site plan review process will be necessary to determine if there would be any significant adverse impact on the natural environment. CRITERION (6) Development patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. FINDINGS The proposed amendment would result in a logical and orderly development pattern. The existing building on-site has operated under various types of commercial ventures for the past 34 years. This section of Olive Road has a mixture of residential, commercial and public uses with a trend towards small commercial business along the roadway. The proposed amendment is compatible with the commercial nature of the adjacent properties.

Attachments
Z-2012-04


Planning Board-Rezoning		5. B.
Meeting Date:	04/09/2012
CASE :	Z-2012-05
APPLICANT:	George Rothbauer, Agent for James McKelvey, Jr., Owner
ADDRESS:	7595 Scenic Highway
PROPERTY REF. NO.:	06-1S-29-1009-000-000
FUTURE LAND USE:	MU-U, Mixed-Use Urban
DISTRICT:	4
OVERLAY DISTRICT:	Scenic Highway
BCC MEETING DATE:	05/03/2012

Information
SUBMISSION DATA:
REQUESTED REZONING: FROM: R-1/C-1; Single-Family District (Low Density) and Retail Commercial (cumulative) TO: C-1, Retail Commercial (cumulative) 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)
CRITERION (1)
Consistent with the Comprehensive Plan. Whether the proposed amendment is consistent with the Comprehensive Plan. Comprehensive Plan Policy (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 1.5.3 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) CPP FLU 1.1.9 Buffering. In the LDC, Escambia County shall ensure the compatibility of adjacent land uses by requiring buffers designed to protect lower intensity uses from more intensive uses, such as residential from commercial. Buffers shall also be used to protect agricultural activities from the disruptive impacts of nonagricultural land uses and protect nonagricultural uses from normal agricultural activities. FINDINGS The proposed amendment to C-1 is consistent with the intent and purpose of the Future Land Use category Mixed-Use Urban as stated in CPP FLU 1.3.1. because the future land use category is intended for an intense mix of residential and nonresidential uses. The proposed amendment is consistent with the intent of CPP FLU 1.5.3 promoting the efficient use of existing public roads, utilities and services infrastructure;notably to encourage redevelopment of underutilized property. Buffering requirements between the subject parcel and the adjoining neighborhood will be addressed at the time of the site plan review process.
CRITERION (2)
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. 6.05.05. R-1 Single-Family District, Low Density Intent and purpose of district. This district is intended to be a single-family residential area with large lots and low population density. The maximum density is four dwelling units per acre. Refer to Article 11 for uses and densities allowed in R-1, single-family areas located in the Airport/Airfield Environs. Structures within Airport/Airfield Environs, Zones, and Surfaces remain subject to the height definitions, height restrictions, and methods of height calculation set forth in Article 11. Refer to the overlay districts within section 6.07.00 for additional regulations imposed on individual parcels with R-1 zoning located in the Scenic Highway Overlay District and RA-1(OL) Barrancas Redevelopment Area Overlay District. 6.05.14. C-1 Retail Commercial District (cumulative). This district is composed of lands and structures used primarily to provide for the retailing of commodities and the furnishing of selected services. The district provides for various commercial operations where all such operations are within the confines of the building and do not produce undesirable effects on nearby property. Permitted Uses: Any use permitted in the R-6 district. 2. Places of worship, educational institutions or facilities. 3. Personal service establishments such as, but not limited to, banks, beauty parlors, medical and dental clinics, restaurants including on-premises consumption of alcohol, financial institutions, professional and other offices, parking garages and lots, laundry and dry cleaning pickup stations, self-service coin-operated laundry and dry cleaning establishments, shoe repair, tailoring, watch and clock repair, locksmiths and data processing. 4. Retail business including, but not limited to: drug, package, hardware stores, book, stationery, china and luggage shops, newsstands, florists, photographic supplies and studios, wearing apparel shops, paint and wallpaper; accessory storage for retail uses. 5. Restaurants. Drive-in or drive-thru restaurants provided that the boundaries of the tract of land on which they are located are in excess of 200 feet from any R-1 or R-2 districts unless separated from such district by a three lane road (or larger) or a minimum 60-foot right-of-way. 6. Automobile repair shops for ignition, fuel, brake and suspension systems or similar uses. 7. Automobile service stations including minor auto repairs. 8. Automobile washing facility. 9. Hotels and motels. 10. Off-premises signs, billboards and other sign structures erected, located and maintained as provided for in article 8 of this Code. 11. Grocery, produce, meat and convenience stores, including the incidental sale of gasoline. 12. Health and fitness clubs. 13. Hospitals. 14. Printing, bookbinding, lithography and publishing companies. 15. Interior decorating, home furnishing, and furniture stores. 16. Music conservatory, dancing schools and art studios. 17. Music, radio and television shops. 18. Mortuary and funeral homes. 19. Dry cleaning establishments provided that equipment used emits no smoke or escaping steam and uses nonflammable synthetic cleaning agents (perchloroethylene, trichloroethylene, etc.) 20. Indoor movie theaters. 21. Enclosed animal hospitals and veterinary clinics. 22. Campgrounds. 23. Secondhand stores and used clothing deposit box when such boxes are operated (placed) by charitable organizations. 24. Wholesale warehousing (if less than 10,000 square feet). 25. Mini-warehouses. No ancillary truck rental service or facility allowed without conditional use approval. 26. Bowling alleys, skating rinks and billiard parlors providing such activities and facilities are enclosed within a soundproof building. 27. Recreational and commercial marinas. 28. Garden shops or nurseries displaying plants, shrubs, trees, etc., outdoors adjacent to the garden shop or nursery. 29. Antique shops, pawn shops. 30. Commercial communication towers 150 feet or less in height. 31. Arcade amusement centers and bingo facilities. 32. Other uses which are similar or compatible to the uses permitted herein that would promote the intent and purposes of this district. Determination on other permitted uses shall be made by the planning board (LPA). 7.20.05. Retail Commercial Locational Criteria (AMU-2, C-1, VM-2). A. Retail commercial land uses shall be located at collector/arterial or arterial/arterial intersections or along an arterial or collector roadway within one-quarter mile of the intersection. 6.07.02. Scenic Highway Overlay District. A. Intent, boundaries and purpose of the district. This district is intended to protect the unique scenic vista and environmental resources of the Scenic Highway Corridor and adjacent Escambia Bay shoreline. This is an overlay district and the regulations herein expand upon existing R-1, R-2, R-3, R-6, C-1, and/or ID-1 zoning district regulations otherwise imposed on individual parcels within the corridor. The district overlays all parcels adjacent to the Pensacola Scenic Bluffs Highway corridor on the west side of the highway and all of the property between the Pensacola Scenic Bluffs Highway and the Escambia Bay on the east side of the highway, for approximately five miles from the city limit of Pensacola along Scenic Highway continuing along Highway 90 to the bridge over the Escambia River at the Santa Rosa County line. The purpose of the district is to alleviate harmful effects of on-site generated erosion and runoff caused by clearing natural vegetation and changing existing contours of the land, and to ensure the preservation of the bluffs, wetland areas and scenic views along the bay and assure continued public access to the views along the corridor. FINDINGS The parcel is currently split zoned R-1/C-1. The majority of the parcel is currently zoned C-1; therefore, the proposed amendment is consistent with the intent of the C-1 zoning category and if the R-1 portion of the parcel is rezoned C-1, it would meet the Locational Criteria in LDC 7.20.05.A . A portion of the parcel is within the Scenic Highway Overlay Area and any development that may occur on the property must meet the requirements of the Scenic Highway Overlay District as stated in LDC 6.07.02.
CRITERION (3)
Compatible with surrounding uses. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses in the area of the subject property(s). 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 C-1 and R-1. There was one hotel, one retirement center, 62 single family residences, three vacant parcels, and one FDOT public parking facility.
CRITERION (4)
Changed conditions. Whether and the extent to which there are any changed conditions that impact the amendment or property(s). FINDINGS Since 2009, the parcel has been combined with an abutting parcel to the north which is currently C-1. If the rezoning were to be granted it would eliminate an existing split zoned parcel.
CRITERION (5)
Effect on natural environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. FINDINGS The portion of the property currently zoned R-1 is identified as a sedimentation pond on the 1978 Whisper Way Plat (Plat Book 10 Page 48) and acts as a stormwater pond for the neighborhood. The County has a Hold Harmless Agreement (OR 1248 Pg 677); therefore, maintenance of the stormwater pond is the property owner's responsibility. 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. CRITERION (6) Development patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. FINDINGS The proposed amendment would result in a logical and orderly development pattern. The majority of the parcel is currently zoned C-1 and if this amendment is granted, it would eliminate a split zoned parcel. The surrounding parcels to the north of the subject property are currently zoned C-1. The parcel will need to go through the site plan review process in order to ensure buffering requirements are met for the adjoining neighborhood to the south.

Attachments
Z-2012-05


Planning Board-Rezoning		5. C.
Meeting Date:	04/09/2012
CASE :	Z-2012-06
APPLICANT:	Melanie Edmonson, Agent for Kathryne Carpenter, Owner
ADDRESS:	6208 Highway 29 N
PROPERTY REF. NO.:	04-2N-31-4306-000-000
FUTURE LAND USE:	RC, Rural Community
DISTRICT:	5
OVERLAY DISTRICT:	N/A
BCC MEETING DATE:	05/03/2012

Information
SUBMISSION DATA:
REQUESTED REZONING: FROM: V-5, Villages Clustered Residential District, (one unit per acre, if unsewered) TO: VR-2, Villages Rural Residential District, (one unit per 0.75 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)
CRITERION (1)
Consistent with the Comprehensive Plan. Whether the proposed amendment is consistent with the Comprehensive Plan. Comprehensive Plan Policy(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. General descriptions, range of allowable uses and residential densities and non-residential intensities for Rural Community (RC), FLU category in Escambia County include: Agriculture, Silviculture, Residential, Recreational Facilities, Public and Civic, and Compact traditional neighborhood supportive commercial. The residential minimum density is none and the maximum density is 2 du/acre. The RC, Rural Community, Future Land Use (FLU) category is intended to recognize existing residential development and neighborhood serving non-residential activity through a compact development pattern that serves the rural and agricultural areas of Escambia County. CPP FLU 3.1.4 Rezoning. Escambia County shall protect agriculture and the rural lifestyle of northern Escambia County by permitting rezonings to districts allowing higher residential densities in the Rural Community (RCC) Future Land Use category. FINDINGS The proposed amendment to VR-2 is consistent because CPP FLU 1.1.1 states that new development and redevelopment in unincorporated Escambia County shall be consistent with the Escambia County Comprehensive Plan and the Future Land Use Map. The proposed amendment to VR-2 is consistent because CPP FLU 1.3.1 states that the allowable uses and residential densities for RC, Rural Community FLU category in Escambia County include residential uses. The residential minimum density is none and the maximum density is 2 du/acre. The proposed amendment to VR-2 is consistent because CPP FLU 3.1.4 states that Escambia County shall protect agriculture and the rural lifestyle of northern Escambia County by permitting rezonings to districts allowing higher residential densities in the RC FLU category.
CRITERION (2)
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. LDC 6.05.26. V-5, Villages Rural Residential District (One unit per acre if unsewered/four units per acre, if sewered and clustered). Intent and purpose of district. This low density mixed residential district is designed to create a density-based incentive for sewering in proximity to environmentally sensitive lands, and to promote locating of development on non-environmentally sensitive portions of parcels which are otherwise suitable for low density development. The density allowances are structured to allow increases in density, when development is connected to public sewer. Single-family detached and attached structures, duplexes, quadraplexes, townhouses, and patio homes are allowed. Other apartment structures are not allowed. LDC 6.05.23. VR-2, Villages Rural Residential District (One unit per .75 acre). Intent and purpose of districts. Single-family residential district characterized by rural land development patterns. Rural community nonresidential uses are allowed. Home occupations are considered permitted uses. Mobile homes are allowed as single-family dwellings. Mobile home subdivisions are allowed. Mobile home parks are allowed as conditional uses. Parcels designated as VR are generally not assessed as agriculturally productive parcels. VR-1 densities reflect large lot rural land development patterns, while VR-2 densities reflect the need for more affordable lot sizes for single family and mobile home development. Refer to Article 11 for uses, heights and densities allowed in VR, villages rural residential areas located in the Airport/Airfield Environs. B. Permitted uses. 1. Single-family residences. 2. Agricultural, farm animals and agricultural-related activities and customary accessory buildings. 3. Silviculture. 4. Mariculture and aquaculture. 5. Campground and recreational vehicle parks. 6. Public utility 7. Stables, private and public (minimum lot size two acres). 8. Animal hospitals, clinics and kennels (minimum lot size two acres). 9. Display and sale of fruit, vegetables and similar agricultural products. 10. Mobile homes as single-family dwelling, subject to the other relevant provisions of this Code. 11. Places of worship. 12. Educational facilities. 13. Clubs and lodges. 14. Guest residences. 15. Public utility and service structures not included in subpart C. or D., below. 16. Feed and farm equipment stores. 17. Home-based "cottage businesses" such as crafts, florists, woodworking, sewing, and other similar uses. 18. Other rural area related commercial uses meeting the locational requirements of the Comprehensive Plan Policy. 19. Golf courses, tennis centers, swimming clubs, and customary attendant facilities and accessory buildings. 20. Home occupations. 21. Existing auto salvage business. 22. Family day care homes and family foster homes. 23. Reclamation of borrow pits that existed prior to September 16, 2004 (subject to local permit and development review requirements per Escambia County Code of Ordinances, Part 1, Chapter 42, Article VIII, and performance standards in Part III, the Land Development Code, Article 7). FINDINGS The amendment is consistent with the intent and purpose of the Land Development Code. Permitted uses include farm animals, agricultural-related activities, single family residential characterized by rural land development patterns.
CRITERION (3)
Compatible with surrounding uses. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses in the area of the subject property(s). FINDINGS The majority of the parcels surrounding the subject property are zoned V-5 and are intended for low density mixed residential uses. The parcels abutting the northeast portion of the subject property are zoned VR-2 and would be compatible with the proposed amendment. Within the 500' radius impact area, staff observed 25 parcels all laying within the zoning districts of V-5, VR-2, VAG-2 and GBD. There were 11 homes, four mobile homes and ten vacant lots.
CRITERION (4)
Changed conditions. Whether and the extent to which there are any changed conditions that impact the amendment or property(s). FINDINGS Staff found no changed conditions that would impact the amendment or property(s).
CRITERION (5)
Effect on natural environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. FINDINGS According to the National Wetland Inventory, wetlands were indicated on the eastern most portion of the 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. CRITERION (6) Development patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. FINDINGS Within the general vicinity of the subject parcel, there appears to be a mixture of zoning categories that allows for a wide range of uses from single-family to farm animals. From an historic overview of the subject area, it appears that this trend has continued for many years. Therefore, this request could result in a logical and orderly development pattern as compared to the established development pattern in the area.

Attachments
Z-2012-06


Planning Board-Rezoning		5. D.
Meeting Date:	04/09/2012
CASE :	Z-2012-07
APPLICANT:	Jesse W. Rigby and William J. Dunaway, Agents for The Baptist Manor, Inc., Baptist Health Care Corporation and Olson Land Partners, LLC., Owners
ADDRESS:	10095 Hillview Dr
PROPERTY REF. NO.:	53-1S-30-2000-000-000, 53-1S-30-2000-000-001, 53-1S-30-2000-000-005
FUTURE LAND USE:	MU-U, Mixed Use Urban
DISTRICT:	5
OVERLAY DISTRICT:	NA
BCC MEETING DATE:	05/03/2012

Information
SUBMISSION DATA:
REQUESTED REZONING: FROM: R-4, Multiple-Family District, (cumulative) Medium High Density, (18 du/acre). TO: R-5, Urban Residential/Limited Office District (cumulative) High Density, (20 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)
CRITERION (1)
Consistent with the Comprehensive Plan. Whether the proposed amendment is consistent with the Comprehensive Plan. Comprehensive Plan Policy (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 1.5.3 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 district categories (with the exception of residential development). FINDINGS The proposed amendment to R-5 is consistent with the intent and purpose of Future Land Use category Mixed-Use Urban as stated in CPP FLU 1.1.1 because the proposed use of the property is one permitted under Mixed Use Urban. The proposed amendment is consistent with the intent and purpose of Future Land Use category Mixed-Use Urban as stated in CPP FLU 1.3.1. The surrounding and abutting existing land uses are commercial and residential development, which allow density of 20 units per acre as does R-5 zoning. The proposed amendment is consistent with the intent of CPP FLU 1.5.3 promoting the efficient use of existing public roads, utilities and service infrastructure; the proposed amendment also encourages redevelopment of an underutilized property.
CRITERION (2)
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. 6.05.11. R-4 multiple-family district, (cumulative) medium high density. A. Intent and purpose of district. This district is intended to provide for the development of medium high density residential uses and structures. This land use is designed to encourage the efficient use of land and maintain a buffer between lower density residential and business, commercial and industrial districts. The maximum density is 18 dwelling units per acre. Refer to Article 11 for uses, heights and densities allowed in R-4, multiple-family areas located in the Airport/Airfield Environs. Refer to the overlay districts within section 6.07.00 for additional regulations imposed on individual parcels with R-3 zoning located in the RA-1(OL) Barrancas Redevelopment Area Overlay District. 6.05.12. R-5 urban residential/limited office district, (cumulative) high density. This district is intended to provide for high density urban residential uses and compatible professional office development, and designed to encourage the establishment and maintenance of a suitable higher density residential environment and low intensity services. These uses form a transition area between lower density residential and commercial development. Maximum density is 20 dwelling units per acre except in the low density residential (LDR) future land use category where the maximum density is 18 dwelling units per acre. Refer to Article 11 for uses, heights and densities allowed in R-5, urban residential/limited office areas located in the Airport/Airfield Environs. B. Permitted uses. 1. Any permitted uses in the R-4 district. 2. Professional offices including, but not limited to, those of architects, engineers, lawyers, tax consultants, accountants and medical and dental clinics, real estate and insurance offices. 3. Mobile homes as single-family residences. 4. Public utility and service structures. 5. Other uses which are similar or compatible to the uses permitted herein that would promote the intent and purposes of this district. Determination on other permitted uses shall be made by the planning board (LPA). FINDINGS As referenced above, the existing zoning category of R-4 and the proposed zoning category of R-5 do allow for a mix of residential uses ranging from: single-family dwellings to multi-family dwellings, i.e. apartments. Please note that apartments are considered residential uses per Planning Board interpretation on Sept. 18, 2002 and re-affirmed on April 11, 2005. For all practical purposes, staff is definitely in agreement that single-family dwellings to multi-family dwellings, i.e apartments, are allowable uses in both R-4 and R-5 zoning categories as well as professional offices. These uses form a transition area between lower density residential and commercial development and on the whole are consistent with the stated purpose and intent of the code.
CRITERION (3)
Compatible with surrounding uses. Whether and the extent to which the proposed amendment is compatible with existing and proposed uses in the area of the subject property(s). FINDINGS The proposed amendment is compatible with surrounding existing uses in the area. Within the 500’ radius impact area, staff identified properties with zoning districts R-4 and P. Abutting parcel to the north is existing residential student housing. There is an existing subdivision PB 1, Pg 54, "Waterford Place", three parcels are stormwater ponds, 46 single family, four duplex's, seven vacant parcels, and five commercial parcels.
CRITERION (4)
Changed conditions. Whether and the extent to which there are any changed conditions that impact the amendment or property(s). FINDINGS Staff found no changed conditions that would impact the amendment or property(s).
CRITERION (5)
Effect on natural environment. Whether and the extent to which the proposed amendment would result in significant adverse impacts on the natural environment. FINDINGS From a general analysis of the subject parcel, there appears to be hydric soils present that are indicators of wetlands. If the rezoning request is granted, 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. CRITERION (6) Development patterns. Whether and the extent to which the proposed amendment would result in a logical and orderly development pattern. FINDINGS From what is on the ground, it appears that the predominate development pattern is a mix of residential development along with several adult congregate living facilities within the immediate vicinity of the parcel in question. As previously stated, the proposed zoning category of R-5 does allow for multi-family which includes apartments, adult congregate living facilities as well as professional type, lower intensity commercial developments within the R-5. Overall, the site visit and the existing land use map indicated that there is continuity in the development pattern as described: single-family, multi-family dwellings, and adult living facilities. As required from an objective point of view, staff finds by allowing the proposed R-5 zoning category, it would result in a logical and orderly development pattern.

Attachments
Z-2012-07


AGENDA ESCAMBIA COUNTY PLANNING BOARD QUASI-JUDICIAL HEARING April 9, 2012–8:30 a.m. Escambia County Central Office Complex 3363 West Park Place, Room 104


1.		Call to Order.

2.		Invocation/Pledge of Allegiance to the Flag.

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

4.		Quasi-judicial Process Explanation.

5.		Public Hearings.

	A.	Z-2012-04



	B.	Z-2012-05



	C.	Z-2012-06



	D.	Z-2012-07



6.		Adjournment.