| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: R-2 Single-Family District (Cumulative), Low-Medium Density (7du/acre) & R-3 One-Family and Two-Family District, (Cumulative) Medium Density (10du/acre).
TO: R-5 Urban Residential/Limited Office District, (Cumulative) High Density (20du/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)
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| 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 2.1.2 Compact Development. To promote compact development, FLUM amendments and residential rezonings to allow higher residential densities may be allowed in the Mixed-Use Urban (MU-U) and Mixed-Use Suburban (MU-S) future land use categories.
FINDINGS
The proposed amendment is consistent with the intent of CPP FLU 1.5.3 as it does promote
the efficient use of existing public roads, utilities and service infrastructure and to maximize the
use development densities within the FLU category. The proposed amendment is listed as a
permitted use under the FLU Mixed-Use Urban. The proposed amendment to R-5 is consistent
with the intent and purpose of Future Land Use category Mixed-Use Urban (MU-U) as stated in
CPP FLU 1.3.1. |
| 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.
6.05.07. R-2 Single-Family District (cumulative), low-medium density. A. 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 seven dwelling units per acre. Refer to article 11 for uses and densities allowed in R-2, 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-2 zoning located in the Scenic Highway Overlay District and RA-1(OL) Barrancas Redevelopment Area Overlay District.
6.05.09. R-3 one-family and two-family district, (cumulative) medium density. A. Intent and purpose of district. This district is intended to provide for a mixture of one-family and two-family dwellings, including townhouses, with a medium density level compatible with single-family residential development. The maximum density is ten dwelling units per acre. Refer to article 11 for uses and densities allowed in R-3, one-family and two-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-3 zoning located in the Scenic Highway Overlay District and RA-1(OL) Barrancas Redevelopment Area Overlay District.
6.05.12. R-5 urban residential/limited office district, (cumulative) high density. A. Intent and purpose of district. 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).
C. Prohibited uses. Any business which displays merchandise to be sold on the premises unless such business is part of a multistory, or multi unit, predominately residential project or accessory to the office use.
D. Conditional uses.
1. Any conditional uses allowed in the preceding districts.
2. Cemeteries, mausoleums and crematoriums.
3. Enclosed animal hospitals and veterinary clinics.
4. Mobile home subdivisions and parks.
5. Private clubs and lodges.
Land Development Code (LDC) 2.08.02.D.7.b Quasi-judicial rezonings. The proposed rezoning will constitute "spot zoning," that is 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;The proposed amendment is consistent with the intent and purpose of the Land Development Code.
LDC 7.01.06. Buffering between zoning districts and uses.
A. Zoning districts. The following spatial relationships between zoning districts require a buffer:
2. AMU-1, AMU-2, R-4, R-5, R-6, V-4, VM-1, or VM-2 districts, where they are adjacent to single-family or two-family districts (RR, SDD, R-1, R-1PK, R-2, R-2PK, R-3, V-1, V-2, V-2A, V-3, V-5, VR-1, VR-2).
6.07.03. Brownsville Overlay District
A. Intent and purpose of district. The Brownsville Overlay District is intended to provide an enhanced level of protection to the unique and historic character of the Brownsville Community Redevelopment District thereby furthering the objectives of the Brownsville Community Redevelopment Plan. This is a zoning overlay and the regulations herein expand upon the existing zoning district regulations otherwise imposed on individual parcels within the district.
B. Applicability. This zoning overlay district applies to all zoned properties within the Brownsville Community Redevelopment District.
C. Relationship to underlying zoning. All of the use listings and site design requirements of the underlying zoning districts shall continue to apply.
D. Permitted uses. Mixed-use developments, defined as where non-residential and residential uses occupy the same building. The non-residential use(s) shall contain the first or bottom floor and the residential use(s) contain the second or upper floor(s).
E. Prohibited uses.
1. Off-premises signs.
2. Mobile homes and manufactured homes. (This does not prohibit the construction of modular homes; see Article 3 of this code.)
3. Mobile home/manufactured home parks.
F. Uses requiring management plan submittal. The following uses shall require submission of a management plan to the CRA prior to development approval. The CRA must be notified of any amendments to a submitted management plan.
1. Retail sale of alcohol for off-premises consumption.
2. Bars and nightclubs.
3. Pawn shops and check cashing services.
4. Commercial amusement arcades, including billiard parlors and game machine arcades.
5. Automotive uses (including car sales, automobile rental agencies, car washes, auto repair facilities, tire sales, etc.).
6. Truck, utility trailer, and RV rental service or facility.
7. Portable food vendors.
8. Tattoo parlors.
9. Welding shops located in C-1 zoning districts.
G. Management plan. The applicant shall submit a management plan that addresses the following:
1. Proposed hours of operations.
2. Other similar properties managed by the applicant, if applicable.
3. Explanation of any franchise agreement.
H. Rezonings. Surrounding uses, whether conforming or non-conforming should not be taken into consideration for the rezoning rationale.
I. Non-residential site and building requirements.
1. Building height. New buildings, additions and redeveloped buildings shall complement the existing pattern of building heights. Buildings in the overlay district may not exceed 45 feet in height.
2. Building design.
a. Setbacks. New construction shall be setback from Mobile Highway and Cervantes Street a distance similar to adjacent buildings unless customer parking is provided adjacent to any of these streets in support of Crime Prevention through
3. Mobile home/manufactured home parks.
F. Uses requiring management plan submittal. The following uses shall require submission of a management plan to the CRA prior to development approval. The CRA must be notified of any amendments to a submitted management plan.
1. Retail sale of alcohol for off-premises consumption.
2. Bars and nightclubs.
3. Pawn shops and check cashing services.
4. Commercial amusement arcades, including billiard parlors and game machine arcades.
5. Automotive uses (including car sales, automobile rental agencies, car washes, auto repair facilities, tire sales, etc.).
6. Truck, utility trailer, and RV rental service or facility.
7. Portable food vendors.
8. Tattoo parlors.
9. Welding shops located in C-1 zoning districts.
G. Management plan. The applicant shall submit a management plan that addresses the following:
1. Proposed hours of operations.
2. Other similar properties managed by the applicant, if applicable.
3. Explanation of any franchise agreement.
H. Rezonings. Surrounding uses, whether conforming or non-conforming should not be taken into consideration for the rezoning rationale.
FINDINGS
The proposed amendment is not compatible with land development code (LDC 2.08.02.D.7.b) due to fact that it constitutes as spot zoning. Buffering requirement will apply, as stated in (LDC 7.01.06); further review during the site plan review process will be needed to ensure the buffering requirements and other performance standards have been met, should this amendment to R-5 be granted. The Parcel is designated as part of the Brownsville Cummunity Redevelopment Area, compliance with the Brownsville Redevelopment Plan will be address by CRA staff.
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| 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 R-2, R-3 and C-2. There are three (3) church properties, nine (9) commercial properties, 12 vacant and 69 residential properties. The majority of the surrounding uses within the 500' area are of a residential nature. |
| 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). For informational purposes staff found case V-2001-22 at the subject property for a variance of 7.0 feet to the required 20.0 feet front yard setback to allow a 13.0 feet front yard setback to allow an addition to the existing church approved on July 11, 2001. |
| 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 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. The permitted uses of the R-5 zoning district are not of a comparable intensity of the surrounding uses and the property consist of spot zoning. |
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