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REQUESTED REZONING:
FROM: SDD, Special Development District, (noncumulative) low density.
TO: C-1, Retail Commercial District (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)
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| CRITERION (1) |
Consistent with the Comprehensive Plan.
Whether the proposed amendment is consistent with the Comprehensive Plan.
Comprehensive Plan (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 districts categories (with the exception of residential development).
CPP FLU 4.1.2 Airfield Influence Planning Districts. Escambia County shall provide for Airfield Influence Planning Districts (AIPDs) as a means of addressing encroachment, creating a buffer to lessen impacts from and to property owners, and protecting the health, safety and welfare of citizens living in close proximity to military airfields. The overlay districts shall require density and land use limitations, avigation easements, building sound attenuation, real estate disclosures, and Navy (including other military branches where appropriate) review of proposed development based on proximity to Clear Zones, Accident Potential Zones (APZs), aircraft noise contours, and other characteristics of the respective airfields. The districts and the recommended conditions for each are as follows:
A. Airfield Influence Planning District-1 (AIPD-1): Includes the current Clear Zones, Accident Potential Zones and noise contours of 65 Ldn and higher, (where appropriate) as well as other areas near and in some cases abutting the airfield.
1. Density restrictions and land use regulations to maintain compatibility with airfield operations; and
2. Mandatory referral of all development applications to local Navy officials for review and comment within ten working days; and
3. Required dedication of avigation easements to the county for subdivision approval and building permit issuance; and
4. Required sound attenuation of buildings with the level of sound protection based on noise exposure; and
5. Required disclosure for real estate transfers.
B. Airfield Influence Planning District-2 (AIPD-2): Includes land that is outside of the AIPD -1 but close enough to the airfield that it may affect, or be affected by, airfield operations.
1. Mandatory referral of all development applications to local Navy officials for review and comment within ten working days; and
2. Required dedication of avigation easements to the county for subdivision approval and building permit issuance; and
3. Required sound attenuation of buildings with the level of sound protection based on noise exposure; and
4. Required disclosure for real estate transfers; and
5. No County support of property rezonings that result in increased residential densities in excess of JLUS recommendations. The three installations in Escambia County - Naval Air Station Pensacola (NASP), Navy Outlying Field (NOLF) Saufley and NOLF Site 8, are each utilized differently. Therefore, the size and designations of the AIPD Overlays vary according to the mission of that particular installation. The Escambia County Land Development Code details and implements the recommendations. The AIPD Overlays Map is attached herein.
CPP MOB 4.2.7 Compliance Monitoring. Escambia County shall monitor development in the AIPDs for compliance with the JLUS recommendations and AICUZ study requirements. Rezoning to a higher density will be discouraged. The Compatibility requirements will be revised as the mission of the military facility changes or removed if the facility closes.
FINDINGS
The proposed amendment to C-1 is consistent with the intent and purpose of Future Land Use category MU-S as stated in CPP FLU 1.3.1 The densities and allowable uses are compatible with those provided for in the Future Land Use category. The current Future Land Use category of MU-S allows for a mix of residential and nonresidential uses while promoting compatible infill development and promoting the efficient use of existing public roads, utilities and service infrastructure to maximize the use development densities within the CPP FLU 1.5.3.
CPP FLU 4.1.2 states the Airfield Influence Planning Districts (AIPD) require density and land use limitations, avigation easements, building sound attenuation, real estate disclosures, and Navy review and comment of proposed development and no County support of property rezonings that result in increased residential densities in excess of JLUS recommendations.
The County will monitor development in the AIPD areas for compliance with the JLUS recommendations and rezoning to a higher density will be discouraged as per the Comprehensive Plan MOB 4.2.7.
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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.
6.05.21. SDD special development district, (noncumulative) low density.
A. Intent and purpose. This district is intended to conserve and protect environmentally sensitive areas that have natural limitations to development. These areas have certain ecological functions which require performance standards for development. SDD is to be phased out over time and no property not now zoned SDD will be zoned SDD in the future. The maximum density of this district is three dwelling units per acre. Refer to article 11 for uses, heights and densities allowed in SDD, special development areas located in the Airport/Airfield Environs.
6.05.14. C-1 retail commercial district (cumulative).
A. Intent and purpose of district. 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. New residential uses located in a commercial FLU category are only permitted as part of a predominantly commercial development in accordance with Policy 7.A.4.7.g of the Comprehensive Plan. The maximum density for residential uses 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 C-1, retail commercial 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 C-1 zoning located in the C-3(OL) Warrington Commercial Overlay District, 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 retail commercial (C-1) 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.
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.
B. They may be located along an arterial or collector roadway up to one-half mile from a collector/arterial or arterial/arterial intersection may be allowed provided all of the following criteria are met:
1. Does not abut a single-family residential zoning district (R-1, R-2, V-1, V-2, V-2A or V-3);
2. Includes a six-foot privacy fence as part of any required buffer and develops the required landscaping and buffering to ensure long-term compatibility with adjoining uses as described in Policy 7.A.3.8 and article 7;
3. Negative impacts of these land uses on surrounding residential areas shall be minimized by placing the lower intensity uses on the site (such as stormwater ponds and parking) next to abutting residential dwelling units and placing the higher intensity uses (such as truck loading zones and dumpsters) next to the roadway or adjacent commercial properties;
4. Intrusions into recorded subdivisions shall be limited to 300 feet along the collector or arterial roadway and only the corner lots in the subdivision.
5. A system of service roads or shared access facilities shall be required, to the maximum extent feasible, where permitted by lot size, shape, ownership patterns, and site and roadway characteristics.
C. They may be located along an arterial or collector roadway more than one-half mile from a collector/arterial or arterial/arterial intersection without meeting the above additional requirements when one or more 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; or
2. The property is located in areas where existing commercial or other intensive development is established and the proposed development would constitute infill development. The intensity of the use must be of a comparable intensity of the zoning and development on the surrounding parcels and must promote compact development and not promote ribbon or strip commercial development.
11.02.02. AIPD-1;
A. AIPD-1 regulations. Areas within the AIPD-1 overlay are subject to the following additional restrictions:
6. Rezonings. Rezoning to a commercial district to obtain a higher density is not permitted. Rezoning is allowed, but density is limited to the maximum density allowed in the APZ Area or AIPD in which the property is located. The overlay density takes precedence and shall be determined by the following chart, regardless of the zoning district in which the property is located.
11.02.03. AIPD-2
A. AIPD-2 regulations. AIPD-2 requirements are the same for all airfields and installations.
B. Density. Densities are controlled by the underlying zoning category. Density limits in AIPD-2 are not absolute, meaning clustering, planned unit development and density transfers, when such a program is developed, are permitted. There are no additional regulations regarding density except the following:
Rezoning is allowed only to a zoning district that allows three d.u./acre or less. An alternative mixed-use zoning category that allows commercial uses and limits density to three d.u./acre is offered in place of the current high density commercial zoning districts. (See Article 6, Zoning Districts--AMU-1 and AMU-2.) Properties that currently have density of less than three d.u./acre can apply for an up-zoning to AMU-1, AMU-2 or V-2A, which have a maximum density of three d.u./acre.
FINDINGS
The proposed amendment is not consistent with the intent and purpose of the Land Development Code.
Per LDC 11.02.01.B.4, for parcels split by AIPD boundaries, only that portion of a parcel that falls within the AIPD is subject to the conditions of the AIPD. The proposed rezoning request from SDD to C-1 is not consistent with either portion of the AIPD-2 or the AIPD-1 overlay. According to the intent and purpose of the C-1 zoning designation that portion of the parcel within the AIPD-1 and AIPD-2 cannot be up zoned to C-1 do to higher density allowed, however for commercial purposes a rezoning could be allowed if the zoning was rather AMU-1 or AMU-2 which meets the density requirements.
In addition to the findings stated above, the proposed rezoning request must comply with the locational criteria regulations as described in Criterion 1 for the broad range of commercial uses within the proposed zoning category of C-1. They may meet locational criteria as stated in LDC 7.20.05.C.2. The property is not located in areas where existing commercial or other intensive development is established and the proposed development would not constitute as infill development. The intensity of the use must be of a comparable intensity of the zoning and development on the surrounding parcels and must promote compact development and not promote ribbon or strip commercial development.
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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-5, R-6,C-1 and SDD. Coral Creek Subdivision,(PB 14 P 33) is within the radius. There are 33 single family residences, one mobile home, and 11 vacant parcels.
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| 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 Z-2006-26 rezoning from R-6 to AMU-1 at 9500 BLK Gulf Beach Hwy which was approved by the BCC on May 4, 2006.
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| 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 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.
As stated in the Comprehensive Plan Policy CON 1.1.2 the County will use the National Wetlands Inventory Map, the Escambia County Soils Survey, and the Florida Fish and Wildlife Conservation Commission's (FFWCC) LANDSAT imagery as indicators of the potential presence of wetlands or listed wildlife habitat in the review of applications for development
approval. C-1 allows for clustering, planned unit developments and density transfers to avoid impacts to wetlands and more restrictive AIPD areas. The applicant provided a boundary survey but did not depict the wetland areas and during the Site Plan Review process a current wetland survey will be required 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. Rezoning the parcels to C-1 would allow for an higher density of more than three dwelling units per acre which is not allowed in the AIPD overlay areas. The rezoning would also promote ribbon or strip like commercial development due to there is current commercial C-1 zoning and no development within the 500 ft radius and the nearest arterial intersection is more than 0.4 miles away. |
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