| SUBMISSION DATA: |
REQUESTED REZONING:
FROM: R-6 Neighborhood Commercial and Residential District, (cumulative) High Density (25 du/acre).
TO: C-2, General Commercial and Light Manufacturing District, (cumulative) (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)
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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 the unincorporated Escambia County shall be consistent with the Escambia County Comprehensive Plan and Future Land Use Map (FLUM).
Comprehensive Plan Policy 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 1.1.9 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 form normal activities.
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 C-1 C-2 is consistent with the intent and purpose of Future Land Use category MU-U, Mixed-Use Urban as stated in CPP FLU 1.3.1. This FLU category allows for a mix of residential and non-residential uses such as retail, professional office and light industrial while promoting infill development. The proposed amendment will utilize the existing roads and infrastructure as stated in CPP FLU 1.5.3.
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| 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.
6.05.13. 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.
D. Off-street parking regulations. See section 7.02.00.
E. Site and building requirements. Lot coverage, lot width, yard requirements and building
height limitations (unless modified pursuant to subpart C above) are the same as the R-5
district.
F. Landscaping. See section 7.01.00.
G. Signs. See article 8.
H. Locational criteria. See article 7 and Comprehensive Plan Policies 7.A.4.13 and 8.A.1.13.
LDC 6.05.16. C-2 General commercial and light manufacturing district (cumulative). This district is composed of certain land and structures used to provide for the wholesaling and retailing of commodities and the furnishing of several major services and selected trade shops. The district also provides for operations entailing manufacturing, fabrication and assembly operations where all such operations are within the confines of the building and do not produce excessive noise, vibration, dust, smoke, fumes or excessive glare. Outside storage is allowed with adequate screening being provided (see section 7.01.06.E.). Characteristically, this type of district occupies an area larger than that of the C-1 retail commercial district, is intended to serve a considerably greater population, and offers a wider range of services. The maximum density for residential uses is 25 dwelling units per acre.
All general commercial and light manufacturing (C-2) 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 C-1 district.
2. Amusement and commercial recreational facilities such as, but not limited to, amusements parks, shooting galleries, miniature golf courses, golf driving ranges, baseball batting ranges and trampoline centers.
3. Carnival-type amusements when located more than 500 feet from any residential district.
4. Distribution warehousing, and mini-warehouses with ancillary truck rental services.
5. New and used car sales, mobile home and motorcycle sales and mechanical services. No intrusions are permitted on the public right-of-way (see section 6.04.09).
6. Automobile rental agencies. No intrusions are permitted on the public right-of-way (see section 6.04.09).
7. Truck, utility trailer, and RV rental service or facility. No intrusions are permitted on the public right-of-way (see section 6.04.09).
8. Automobile repairs, including body work and painting services.
9. Radio broadcasting and telecasting stations, studios and offices with on-site towers 150 feet or less in height. See section 7.18.00 for performance standards.
10. Commercial food freezers and commercial bakeries.
11. Building trades or construction office and warehouses with outside on-site storage.
12. Marinas, all types including industrial.
13. Cabinet shop.
14. Manufacturing, fabrication and assembly type operations which are contained and enclosed within the confines of a building and do not produce excessive noise, vibration, dust, smoke, fumes or excessive glare.
15. Commercial communication towers 150 feet or less in height.
16. Taxicab companies.
17. Bars and nightclubs.
18. Boat sales and service facilities.
19. Boat and recreational vehicle storage. (No inoperable RVs, untrailered boats, repair, overhaul or salvage activity permitted. Storage facility must be maintained to avoid nuisance conditions as defined in section 7.07.06.)
20. Adult entertainment uses subject to the locational criteria listed below (See Escambia County, Code of Ordinances sections 18-381 through 18-392 for definitions and enforcement; additionally refer to Chapter 6, article IV, Division 2, titled "Nudity and Indecency"). However, these C-2 type uses are not permitted in the Gateway Business Districts.
a. Adult entertainment uses must meet the minimum distances as specified in the following locational criteria:
(1) One thousand feet from a preexisting adult entertainment establishment;
(2) Three hundred feet from a preexisting commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption;
(3) One thousand feet from a preexisting place of worship;
(4) One thousand feet from a preexisting educational institution;
(5) One thousand feet from parks and/or playgrounds;
(6) Five hundred feet from residential uses and areas zoned residential within the county.
21. 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).
22. Temporary structures. (See section 6.04.16)
23. Arcade amusement centers and bingo facilities.
24. Other uses similar to those permitted herein. Determination on other permitted uses shall be made by the planning board (LPA).
6.07.05. Palafox Overlay District
A. Intent and purpose of district. The Palafox Overlay District is intended to provide an enhanced level of protection to the mixed use character of the Palafox Community Redevelopment District thereby furthering the objectives of the Palafox Community Redevelopment Plan. The Palafox Overlay District is rather diverse with the amount of commercially and industrially zoned properties blended with isolated neighborhood-type residentially zoned properties. 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 Palafox 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. Mobile homes and manufactured homes. (This does not prohibit the construction of modular homes; see Article 3 of this code.)
2. Mobile home/manufactured home parks.
F. Uses requiring management plan submittal. The following uses shall submit 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. 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.
LDC 7.01.06. Buffering between zoning districts and uses. Spatial relationships between C-2 zoning districts where they are adjacent to multiple-family and office districts (R-3PK, R-4, R-5, R-6, V-4, VM-1, VM-2, PUD), require a buffer and that commercial land uses, where they are adjacent to residential uses require a buffer.
FINDINGS
The proposed amendment is consistent with the intent and purpose of the Land Development Code. The parcel is within the Palafox Overlay District. Compliance with the Palafox Overlay District Plan will be addressed 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
Within the 500’ radius impact area, staff observed properties with zoning districts C-1, R-6 and C-2.
The proposed amendment is compatible with surrounding existing uses fronting Massachusetts Ave. The referenced parcel has road frontage along the collector roadway of Massachusetts Ave., which has several existing commercial businesses on both sides of the roadway. |
| 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. |
| 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 result in a logical and orderly development pattern due to the existing linear commercial development which is a characteristic of this particular roadway classification. |
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