Agenda


Planning Board-Rezoning		5. A.
Meeting Date:	05/14/2012
CASE :	Z-2012-08
APPLICANT:	Wiley C. "Buddy" Page, Agent for Figure 8 Florida,LLC.
ADDRESS:	200 Becks Lake Rd
PROPERTY REF. NO.:	11-1N-31-1000-002-001
FUTURE LAND USE:	MU-U, Mixed-Use Urban
DISTRICT:	5
OVERLAY DISTRICT:	NA
BCC MEETING DATE:	06/28/2012

Information
SUBMISSION DATA:
REQUESTED REZONING: FROM: VAG-1, Village Agricultural District (5 du per 100 acres on one-acre parcels) TO: ID-2, General Industrial (noncumulative) 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). FINDINGS As stated above in CPP FLU 1.3.1, Mixed Use Urban category, does allow for intense residential uses and non-residential uses (commercial) for compatible infill development. Furthermore, the range of uses extends from residential to light-industrial. Staff concurs that the cumulative nature of the ID-2 zoning category does allow for light industrial which is specifically mentioned in MU-U. However, the allowable uses within the ID-2 zoning category extend beyond light-industrial. As a matter of fact, the allowable uses of ID-2 include heavy industrial land uses, highly intense manufacturing and processing operations, construction/heavy equipment operations, and other equivalent concentrations of potential noxious uses (see Criterion 2 for the list proposed uses in ID-2). In contrast, staff agrees that the parcel in question is served by existing utility connections and roads that can support the proposed allowable uses of ID-2 as required by Comprehensive Policy 1.5.3. Nevertheless, the primary issue is consistency with the MU-U and the proposed uses of ID-2 as previously mentioned. Based upon the Comprehensive Policy 1.3.1 as written, staff concedes that the existing future land use designation of MU-U is not consistent with the proposed rezoning request of ID-2.
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 6.05.22. VAG Villages Agriculture Districts The villages agricultural districts are typically characterized by agriculturally-assessed parcels held for agricultural production and very low density residential development in agricultural communities. Single-family residential and rural community uses that directly support agricultural activities are allowed. The intent and purpose of VAG-2 district is characterized by the following types of agricultural lands: (a) Small rural land areas of highly productive agricultural soils that may not be economically viable in a mainstream fanning operation due to their size, and changes being undertaken in the surrounding area; or (b) Rural land areas with a mix of small farm operations and a typical rural residential density of one unit per four acres. The soils of these areas are least valuable for agricultural production and most suitable for future conversion out of the rural land market; or (c) Rural land areas which are not being used to support large farming operations, and that are characterized by a mix of natural resources and soils typically unsuitable for urban residential densities or other urban uses unless sewered. LDC 6.05.19. ID-2 General Industrial District (noncumulative). A. Intent and purpose. This district is intended to accommodate industrial uses which cannot satisfy the highest level of performance standards. It is designed to accommodate manufacturing, processing, fabrication, and other activities which can only comply with minimal performance standards. No residential development is permitted in this district, thereby insuring adequate area for industrial activities. Community facilities and trade establishments that provide needed services to industrial development also may be accommodated in this district. All industrial development, redevelopment, or expansion must be consistent with the locational criteria in the Comprehensive Plan (Policies 7.A.4.13){FLU 1.1.10} and in Article 7. Refer to Article 11 for uses allowed in ID-1, light industrial areas located in the Airport/Airfield Environs. For permitted uses in ID-2 zoning category see LDC 6.05.19.B. LDC 7.20.07. Industrial Locational Criteria (ID-CP, ID-1, ID-2). 1. Industrial uses shall be located so that the negative impacts of industrial land uses on the functions of natural systems shall, as a first priority, be avoided. When impacts are unavoidable, those impacts shall be minimized. 2. Sites for industrial development shall be accessible to essential public and private facilities and services at the levels of service adopted in the Comprehensive Plan. 3. New industrial uses in the MU-1, AA-13, and AA-15 categories may be permitted provided such use conforms to the permitted uses listed in the ID-CP and ID-1 zoning categories. Industrial and MU-6 categories allow all types of industrial uses. 4. Sites for industrial uses shall be located with convenient access to the labor supply, raw material sources and market areas. 5. New industrial uses shall be located on parcels of land large enough to adequately support the type of industrial development proposed and minimize any adverse impacts upon surrounding properties. Compatibility of land uses shall be ensured consistent with Comprehensive Plan Policy 7.A.3.8. 6. These industrial locational criteria apply to those future land use categories where industrial development is permitted and does not provide or permit industrial land uses in those categories that do not provide for such uses. FINDINGS As referenced in the LDC regulations cited above, the intent, purpose, and the allowable uses differ greatly from VAG-1 to ID-2. In fact, ID-2 is a non-cumulative zoning district with the intent to foster and maintain separation of heavy industrial type uses from residential uses because of the litany of potential use conflicts. If the proposed rezoning request is approved, there are various regulations within the Land Development Code as well as other State and Federal regulations that must be adhered to in order to maintain separation and reduce or minimize the potential use conflicts. Additionally, Article 7.20.07 cited above must be reviewed to ensure appropriate location and compatibility with adjacent land uses. In this case, the subject parcel runs East along Beck’s Lake Road and North along a railroad to the east of Highway 95A. From what is on the ground and the existing road network in place, this provision is deemed to be in compliance at this level. If any future development is proposed, the locational criteria stated above will be reviewed for site design standards, accessibility to public and private service/facilities, and adverse impacts on surrounding areas at the time of the site plan review process. In consideration of all the regulations cited above and the facts presented, staff finds consistency with Criterion 2 could be met.
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 Within the 500’ radius impact area, staff observed the following zoning districts: V-3, V-4, VR-1, VR-2, VAG-1, VAG-2, ID-1 and ID-2. With the exception of a few vacant parcels and the existing industrial site area on the south side of Beck’s Lake Road, it appears that a majority of the surrounding parcels have existing residential uses; furthermore, it must be noted that the parcel in question is adjacent to a residential neighborhood (please see ELU and Aerial map). From a literal perspective, the fact that the ID-2 potential uses would be near to the residential areas could make Criterion 3 as not being met. But, there are several other factors that could be considered as well. First, the size of parcel is approximately 188 acres+/ which could provide adequate screening and enhance buffering standards, given the specific use or use intensity proposed in relationship to the nature and density of adjoining uses. Equally important is the industrial land uses and zoning designations on the south side Beck’s Lake Road. This could be advantageous due to the fact that the similar like uses are in close proximity to one another and are contained to one area; henceforth, this could help reduce or negate any invasive impact on the surrounding area.
CRITERION (4)
Changed conditions. Whether and the extent to which there are any changed conditions that impact the amendment or property(s). FINDINGS On December 16, 2011, the County received approval of a Large Scale Amendment (CPA 2011-02) from the Department of Economic Opportunity (DEO) approving the adoption of a Future Land Use change from Mixed-Use Suburban (MU-S) to Mixed-Use Urban. Based upon DEO approval, the Board of County Commissioner adopted the Future Land Use change Ordinance on Jan. 19, 2012. Additionally, the BCC on November 3, 2011 approved a petition to vacate various Rights-of-Way in the Leonard Tracts Subdivision, which were within the parcel in question. However, it must be noted that FLU amendment approval by DEO and the BCC was based upon a “specific type of light- industrial land use” that was germane to the FLU amendment being approved and adopted. Also, on Jan. 5, 2012, the BCC adopted a Small Scale Amendment (SSA 2012-01) Future Land Use change from Mixed-Use Suburban to Industrial Future Land Use. This amendment change is located at the corner of Highway 29 and Becks Lake Road, extending east to Stone Lake Blvd which is within the industrial park area. This Industrial Future Land Use change, from MU-S to Industrial, will allow for heavy industrial type uses (ID-2 zoning) as mentioned in Criterion I. In like manner, the intent of the Industrial future land use category is to allow for industrial developments that are deemed to be compatible with adjacent or nearby properties. In granting approval for the Small Scale Amendment, it was deemed to be compatible with the adjacent properties. Based upon all the facts presented above, and as stated in Criterion 1, the Mixed Use Urban FLU does allow for ID-1—light industrial type uses and it appears that the changing conditions surrounding the subject parcel are allowing for industrial type uses and operations within close proximity to one another.
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, approximately 47 (+/-) acres of wetlands and hydric soils were 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 In the final analysis, it appears that there is an emerging land use pattern of industrial type uses within the vicinity of the subject parcel. The existing land uses, the existing zoning, the changing conditions that include the Large and Small Scale Amendment, and the close proximity of the light and heavy industrial uses are contributing factors to the developing land use pattern within the general area. From the factors cited above, staff agrees that the proposed amendment could result in a logical and orderly development with careful site planning, adequate buffering standards, and strict adherence to all the applicable regulations.

Attachments
Z-2012-08
Vacation Information
DEO NOI
Comp Plan Amendment Staff Analysis


Planning Board-Rezoning		5. B.
Meeting Date:	05/14/2012
CASE :	Z-2012-09
APPLICANT:	Wiley C. "Buddy" Page, Agent for Rick Evans, Owner
ADDRESS:	2006 Border Street
PROPERTY REF. NO.:	16-2S-30-2300-001-023
FUTURE LAND USE:	MU-U, Mixed-Use Urban
DISTRICT:	3
OVERLAY DISTRICT:	Englewood Redevelopment Area
BCC MEETING DATE:	06/28/2012

Information
SUBMISSION DATA:
REQUESTED REZONING: FROM: R-5, Urban Residential/Limited Office District, (cumulative) High Density ID-1, Light Industrial District (cumulative) (no residential uses allowed) TO: ID-2, General Industrial District (noncumulative) 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 1.1.10 Locational Criteria. The LDC shall include locational criteria for broad categories of proposed non-residential land uses. The site criteria for such uses shall address the transportation classification of, and access to adjoining streets, the proximity of street intersections and large daily trip generators (i.e. college or university), the surrounding land uses, the ability of a site to accommodate the proposed use while adequately protecting adjoining uses and resources, and other criteria that may be appropriate to those categories of uses. CPP 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. 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). FINDINGS The proposed amendment is not consistent with the intent and purpose of CPP FLU 1.3.1 Future Land Use Categories, as stated above in the intent of the Mixed-Use Urban category, it does allow for intense residential uses and non-residential uses (commercial) for compatible infill development. Furthermore, the range of uses extends from residential to light-industrial. Staff concurs that the cumulative nature of the ID-2 zoning category does allow for light industrial which is specifically mentioned in MU-U. However, the allowable uses within the ID-2 zoning category extend beyond light-industrial. As a matter of fact, the allowable uses of ID-2 include heavy industrial land uses, highly intense manufacturing and processing operations, construction/heavy equipment operations, and other equivalent concentrations of potential noxious uses. With this understanding, staff concludes that the future land use designation of MU-U is not consistent with the proposed rezoning request of ID-2. The proposed amendment is not consistent with the intent and purpose of CPP FLU 1.1.10 Locational Criteria further addressed with the Land Development Code consistency, Criterion 2.
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 6.05.12. 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. LDC 6.05.18. ID-1 Light Industrial District (cumulative) (no residential uses allowed). This district is intended primarily for research-oriented activities, light manufacturing and processing not involving the use of materials, processes or machinery likely to cause undesirable effects upon nearby industrial establishments of this type. The uses shall be within completely enclosed buildings wherever practical and provide a buffer between commercial districts and other higher intensive industrial uses. The uses which this district is designed to accommodate include general assembly, warehousing and distribution activities. In addition, major repair and service activities, as well as manufacturing activities meeting performance standards are intended to be accommodated in this district. Finally, commercial trade and service activities not compatible with activities adapted to more restrictive districts, but which satisfy site plan criteria and performance criteria of this Code, should be accommodated in this district. Residential development is excluded from this district, both to protect residences from undesirable influences and to ensure the preservation of adequate areas for industrial development. Refer to the overlay districts within section LDC 6.07.00 for additional regulations imposed on individual parcels with ID-1 zoning located in the Scenic Highway Overlay District or C-4(OL) Brownsville-Mobile Highway and "T" Street Commercial Overlay District. All industrial development, redevelopment, or expansion must be consistent with the locational criteria in the Comprehensive Plan (FLU 1.1.10) and in Article 7. Refer to Article 11 for uses, heights and densities allowed in ID-1, light industrial areas located in the Airport/Airfield Environs. LDC 6.05.19. ID-2 General Industrial District (noncumulative). This district is intended to accommodate industrial uses which cannot satisfy the highest level of performance standards. It is designed to accommodate manufacturing, processing, fabrication, and other activities which can only comply with minimal performance standards. No residential development is permitted in this district, thereby insuring adequate area for industrial activities. Community facilities and trade establishments that provide needed services to industrial development also may be accommodated in this district. All industrial development, redevelopment, or expansion must be consistent with the locational criteria in the Comprehensive Plan (FLU 1.1.10) and in Article 7. Refer to Article 11 for uses allowed in ID-1, light industrial areas located in the Airport/Airfield Environs. B. Permitted uses. 1. Manufacturing or industrial uses permitted in the ID-1 light industrial district. 2. Asphalt plants. 3. Concrete plants. 4. Iron works. 5. Landfills. 6. Borrow pits and reclamation activities thereof (subject to local permit and development review requirements per Escambia County Code of Ordinances, Part I, Chapter 42, article VIII, and performance standards in Part III, the Land Development Code, article 7). 7. Paper mills. 8. Refineries. 9. Rendering plants and slaughter houses. 10. Steel mills. 11. Solid waste transfer stations, collection points, and/or processing facilities. 12. Public utility and service structures. 13. Junkyards, salvage yards, and waste tire processing facilities. 14. Other uses similar to those listed herein. Recommendations on other permitted uses shall be made by the planning board (LPA) and based on an application for such other use. Final determination shall be made by the BCC upon receipt of the planning board's (LPA's) recommendation. LDC 6.05.17.F. Roadway Access. Direct access must be provided from a collector or arterial roadway and such access may be provided by curb cuts on the collector or arterial roadway or a private or public commercial access road linking the use with the collector or arterial roadway provided that such private or public road does not traverse a predominately residential neighborhood or subdivision between the use and the collector or arterial roadway. No permit shall be issued or any proposed use which requires access through a residential neighborhood or subdivision. LDC 7.20.07. Industrial Locational Criteria (ID-CP, ID-1, ID-2). New industrial development must meet the following locational criteria: 1. Industrial uses shall be located so that the negative impacts of industrial land uses on the functions of natural systems shall, as a first priority, be avoided. When impacts are unavoidable, those impacts shall be minimized. 2. Sites for industrial development shall be accessible to essential public and private facilities and services at the levels of service adopted in the Comprehensive Plan. 3. New industrial uses in the MU-1, AA-13, and AA-15 categories may be permitted provided such use conforms to the permitted uses listed in the ID-CP and ID-1 zoning categories. Industrial and MU-6 categories allow all types of industrial uses. 4. Sites for industrial uses shall be located with convenient access to the labor supply, raw material sources and market areas. 5. New industrial uses shall be located on parcels of land large enough to adequately support the type of industrial development proposed and minimize any adverse impacts upon surrounding properties. Compatibility of land uses shall be ensured consistent with Comprehensive Plan Policy 7.A.3.8. (FLU 1.1.9) 6. These industrial locational criteria apply to those future land use categories where industrial development is permitted and does not provide or permit industrial land uses in those categories that do not provide for such uses. FINDINGS The proposed amendment is not consistent with the roadway access requirements as stated in LDC 6.05.17.F of the Land Development Code which states that access to the parcel must be from a collector or arterial roadway. Direct access to the property is provided by Border Street, a local public two lane roadway. Should this amendment be approved, the industrial locational requirements set forth in LDC 7.20.07 will be reviewed during the site plan review process. There are no natural systems or sensitive land that may be affected by this proposed request.
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 not compatible with surrounding existing uses in the area. Within the 500’ radius impact area, staff observed properties with zoning districts ID-1, C-2 and R-5. Cloverland Subdivision, (PB3, PG52) is within the radius. There are 21 single family residences, one mobile home park, six mobile homes, seven vacant residential properties, one church, four open storage properties and one wholesale parcel.
CRITERION (4)
Changed conditions. Whether and the extent to which there are any changed conditions that impact the amendment or property(s). FINDINGS The proposed amendment does have changed conditions that impact the rezoning request by the applicant. This parcel is designated as part of the Englewood Community Redevelopment Area, under the Community Redevelopment Plan adopted by the Board of County Commissioners July 6, 2000 and updated March 19, 2009. It appears that the proposed amendment, as stated, would not meet the intent of the adopted plan. This issue will have to be addressed by the Community Redevelopment Agency staff.
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. There are no natural systems or sensitive land that may be affected by this proposed request. 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 not result in a logical and orderly development pattern, as the allowed uses and intensities for the ID-2 zoning are incompatible with the intent of the Englewood Redevelopment Plan, which identify the less intense industrial uses and specific standards adopted by the County Commissioners for the redevelopment area.

Attachments
Z-2012-09


Planning Board-Rezoning		5. C.
Meeting Date:	05/14/2012
CASE :	Z-2012-10
APPLICANT:	Neal Bjorklund, Agent for Galen and Rosalie Schmidt
ADDRESS:	Highway 97A
PROPERTY REF. NO.:	11-4N-33-4100-000-000
FUTURE LAND USE:	AG, Agricultural
DISTRICT:	5
OVERLAY DISTRICT:	NA
BCC MEETING DATE:	05/17/2012

Information
SUBMISSION DATA:
REQUESTED REZONING: FROM: VAG-1, Village Agricultural District(5 du per 100 acres on one-acre parcels) TO: ID-2, Industrial, General Industrial District (noncumulative) 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 Agriculture (AG) Future Land Use (FLU) category is intended for routine agricultural and silvicultural related activities and very low density residential uses. Also allows for commercial activity limited to those endeavors ancillary to agricultural and silvicultural pursuits or in support of agricultural activities such as seed, feed and food outlets, farm equipment and repair and veterinary services. Range of allowable uses include: Agriculture, Silviculture, Residential, Recreational, Public and Civic, Limited Ancillary or Supportive Commercial. The maximum residential density is one dwelling unit per twenty acres. CPP FLU 1.5.3 New Development and Redevelopment in Built Areas. To promote the efficient use of existing public roads, utilities and service infrastructure, the County will encourage redevelopment in underutilized properties to maximize development densities and intensities located in the Mixed Use-Suburban, Mixed Use-Urban, Commercial and Industrial Future Land Use districts categories (with the exception of residential development). FINDINGS The proposed amendment to ID-2 is not consistent with the intent and purpose of Future Land Use category AG as stated in CPP FLU 1.1.1 because the proposed use of the property is not a permitted use under the AG Future Land Use category. The proposed amendment to ID-2 is not consistent with the intent and purpose of Future Land Use category AG as stated in CPP FLU 1.3.1. The current land use category of Agriculture (AG) is intended for routine agricultural and silvicultural related activities and very low density residential uses. The applicant is applying for a future land use change from AG to Industrial (I). If the FLU amendment is to be granted, the rezoning request would then be consistent with the Industrial Future Land Use category although it will not be compatible with adjacent or adjoining properties with the future land use designation of Rural Community (RC) and Agricultural (AG). The proposed amendment is not consistent with the intent of CPP FLU 1.5.3 promoting efficient use of existing public roads, utilities and service infrastructure. In order to gain access to the property the applicant will need to connect to the existing collector roadway, Arthur Brown Rd (Hwy 97A). Should this amendment be granted, utilities and service infrastructure will have to be addressed at 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. LDC 6.05.01. AG Agricultural District, Low Density. A. Intent and purpose. This district is intended to identify those areas used primarily for farming, and/or the raising of livestock, and silviculture. A primary purpose of this district is to provide for the continuation and expansion of viable agricultural activities within the county by providing for compatibility among permitted uses and by preserving open spaces through low district-wide residential densities. The maximum density is 1.5 acres per dwelling unit. Refer to Article 11 for uses, heights and densities allowed in AG - agricultural areas located in the Airport/Airfield Environs. LDC 6.05.19. ID-2 General Industrial District (noncumulative). A. Intent and purpose. This district is intended to accommodate industrial uses which cannot satisfy the highest level of performance standards. It is designed to accommodate manufacturing, processing, fabrication, and other activities which can only comply with minimal performance standards. No residential development is permitted in this district, thereby insuring adequate area for industrial activities. Community facilities and trade establishments that provide needed services to industrial development also may be accommodated in this district. All industrial 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. Refer to Article 11 for uses allowed in ID-1, light industrial areas located in the Airport/Airfield Environs. B Permitted Uses 1. Manufacturing or industrial uses permitted in the ID-1 light industrial district. 2. Asphalt plants. 3. Concrete plants. 4. Iron works. 5. Landfills. 6. Borrow pits and reclamation activities thereof (subject to local permit and development review requirements per Escambia County Code of Ordinances, Part I, Chapter 42, article VIII, and performance standards in Part III, the Land Development Code, Article 7). 7. Paper mills. 8. Refineries. 9. Rendering plants and slaughter houses. 10. Steel mills. 11. Solid waste transfer stations, collection points, and/or processing facilities. 12. Public utility and service structures. 13. Junkyards, salvage yards, and waste tire processing facilities. 14. Other uses similar to those listed herein. Recommendations on other permitted uses shall be made by the Planning Board (LPA) and based on an application for such other use. Final determination shall be made by the BCC upon receipt of the Planning Board's (LPA's) recommendation. LDC 2.07.01. Planning Board (LPA) Interpretations. The Planning Board, sitting as the local planning agency (LPA), shall review and interpret any provisions of this Code for the purposes of clarification or determination of meaning and intent if questions should arise regarding the meaning, intent or interpretation of any provision or section. Such interpretation request shall be presented at the next regular planning board meeting if the request is received by the department of planning and zoning staff at least 20 calendar days in advance of said meeting. LDC 7.20.07. Industrial Locational Criteria (ID-CP, ID-1, ID-2). New industrial development must meet the following locational criteria: 1. Industrial uses shall be located so that the negative impacts of industrial land uses on the functions of natural systems shall, as a first priority, be avoided. When impacts are unavoidable, those impacts shall be minimized. 2. Sites for industrial development shall be accessible to essential public and private facilities and services at the levels of service adopted in the Comprehensive Plan. 3. New industrial uses in the MU-1, AA-13, and AA-15 categories may be permitted provided such use conforms to the permitted uses listed in the ID-CP and ID-1 zoning categories. Industrial and MU-6 categories allow all types of industrial uses. 4. Sites for industrial uses shall be located with convenient access to the labor supply, raw material sources and market areas. 5. New industrial uses shall be located on parcels of land large enough to adequately support the type of industrial development proposed and minimize any adverse impacts upon surrounding properties. Compatibility of land uses shall be ensured consistent with Comprehensive Plan Policy 7.A.3.8.(FLU1.1.9) 6. These industrial locational criteria apply to those future land use categories where industrial development is permitted and does not provide or permit industrial land uses in those categories that do not provide for such uses. LDC 3.02.00. Terms defined. Spot zoning. Rezoning of a lot or parcel of land that will create an isolated zoning district that may be incompatible with the adjacent and nearby zoning districts and uses, or as spot zoning is otherwise defined by Florida law. FINDINGS The proposed amendment would constitute spot zoning as defined in LDC 3.02.00 because it will create an isolated zoning district of ID-2 in which it is incompatible with the adjacent and nearby zoning districts and uses currently zoned VAG-1,VR-1 and VR-2. The proposed amendment is not consistent with the intent and purpose of the Land Development Code as stated in LDC Section 6.05.19.A as a permitted use. The applicant is currently requesting an interpretation as to whether the proposed use would be considered as a permitted use within the ID-2 zoning category. If the Planning Board determines the use to be a similar use to those listed, the final determination must be made by the Board of County Commissioners (BCC). The parcel must meet all requirements of LDC Section 7.20.07 for locational criteria so as not to hinder the site plan review process.
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 not compatible with surrounding existing uses in the area. Within the 500’ radius impact area, staff observed properties with zoning districts VAG-1,VR-1 and VR-2. There were two single family residential and the other 11 properties were vacant farm land. The proposed use is of a more intense nature than the existing surrounding parcels.
CRITERION (4)
Changed conditions. Whether and the extent to which there are any changed conditions that impact the amendment or property(s). FINDINGS The applicant is currently applying for a small scale amendment to change the Future Land Use designation from Agricultural to Industrial. Staff found no other changed conditions that would impact the amendment or property.
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 Escambia County GIS maps did not indicate any wellhead sites near the subject parcel. 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 done 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 not result in a logical and orderly development pattern. The parcel is currently vacant surrounded by agricultural land intended primarily for farming, raising of livestock, and silvicultural activities. Although a change to an Industrial zoning would be a more intensive use than is currently in the area, the proposed amendment will utilize the existing railroad, which is a corridor for economic development within the county. The amendment is a 9.98(+/-) acre portion of a 153 acre parcel, and there are code requirements that could be implemented such as intense buffering and screening to minimize the possibility of any adverse effects upon adjacent properties.

Attachments
Z-2012-10


Planning Board-Rezoning		5. D.
Meeting Date:	05/14/2012
CASE :	Z-2012-11
APPLICANT:	Carol J. Simpson. Agent for Mary J. Moye, John W. Huelsbeck, Jr., Linda Aligood, Owner
ADDRESS:	11 Eden Lane
PROPERTY REF. NO.:	02-1N-31-3402-000-009
FUTURE LAND USE:	MU-S, Mixed Use Suburban
DISTRICT:	5
OVERLAY DISTRICT:	NA
BCC MEETING DATE:	06/28/2012

Information
SUBMISSION DATA:
REQUESTED REZONING: FROM: V-4, Villages Multifamily Residential District TO: VR-2, Villages Rural Residential District 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 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 minimum residential density is two dwelling units per acre and the maximum residential density is ten 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 VR-2 is consistent with the intent and purpose of Future Land Use category Mixed-Use Suburban as stated in CPP FLU 1.1.1 because the proposed use of the property is one permitted under Mixed-Use Suburban. The proposed amendment is consistent with the intent and purpose of Future Land Use category Mixed-Use Suburban as stated in CPP FLU 1.3.1. The surrounding and abutting existing land uses are agricultural and residential. 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. LDC 6.05.25. V-4 Villages Multifamily Residential District. Gross density (seven units per acre). A. Intent and purpose of district. Multifamily residential district characterized by a mix of duplexes, apartments, townhouses, patio homes, and mobile home subdivisions. Single-family detached residences are also allowed in this district. There is a maximum height limitation of two stories. No minimum lot size for new subdivisions, but development must meet overall maximum density requirements. Refer to article 11 for uses and densities allowed in V-4, villages multifamily residential 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. B. Permitted uses. 1. Any use permitted in V-1, V-2 or V-3. 2. Multiple-family dwellings and structures, including single-family attached dwellings, duplexes, quadraplexes, townhouses, building clusters and zero lot line developments. 3. Boarding and lodging houses. 4. Community residential homes. 5. Nursing homes, retirement homes, convalescent homes, adult congregate living facilities, kindergartens, child care centers and foster care centers. 6. Mobile home subdivisions. C. Conditional uses. 1. Any conditional use allowed in V-1, V-2 or V-3. 2. Hospitals and clinics (except animal hospitals and veterinary clinics). 3. Dormitories, fraternity and sorority houses. LDC 6.05.23. VR Villages Rural Residential Districts. VR-2-Gross density: One unit per 0.75 acre. A. 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 Comprehensive Plan Policy 8.A.11. 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 I, Chapter 42, Article VIII, and performance standards in Part III, the Land Development Code, Article 7). C. Conditional uses. 1. Mobile home parks, duplexes, triplexes, and quadraplexes. 2. Public buildings for general administrative, executive or studio functions, or for general warehousing or maintenance operations (see section 6.08.02). 3. Shooting ranges, gun and rifle clubs, etc. 4. Hunting preserve, shooting ranges, gun and rifle clubs, etc. 5. Wastewater treatment facilities, electric power generation facilities or substations, and solid waste transfer stations, collection points and/or processing facilities. 6. Hospitals, clinics, nursing homes and similar uses. 7. Borrow pits and reclamation activities thereof (subject to local permit and development review requirements per Escambia County Code of Ordinances, Part I, Chapter 42, article VIII, and performance standards in Part III, the Land Development Code, article 7). 8. Junkyards, salvage yards, and waste tire processing facilities. 9. Any conditional use permitted in the preceding villages districts. D. Prohibited uses. 1. Landfills or hazardous waste storage facilities (permanent), but not including solid waste transfer stations, collection points and/or processing facilities. 2. Commercial communication towers. FINDINGS The proposed amendment is consistent with the intent and purpose of the Land Development Code. Permitted uses range from single family residential,characterized by rural land development patterns, to agricultural-related activities.
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 VR-2, V-4, V-3, VAG-1, VR-1 and P. There are five vacant parcels, seven single family, four mobile homes, three multifamily properties, and one elementary school.
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 rezoning case Z-2004-19 at 1172 Hwy 95A N that was rezoned from V-3 to VR-2. A Large Scale Amendment at 200 Becks Lake Rd was approved by the Department of Economic Opportunity (DEO) on December 16, 2011 and adopted by the Board of County Commissioners on January 19, 2012. The parcel is currently requesting a rezoning from VAG-1 to ID-2.
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 subject property, but no hydric soils were indicated. 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 proposed request to VR-2, Villages Rural Residential District is consistent and does contribute to the existing residential type and agricultural uses in surrounding development patterns.

Attachments
Z-2012-11


AGENDA ESCAMBIA COUNTY PLANNING BOARD QUASI-JUDICIAL HEARING May 14, 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-2012-08



	B.	Z-2012-09



	C.	Z-2012-10



	D.	Z-2012-11



6.		Adjournment.