agenda escambia county planning board quasi-judicial

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AGENDAEscambia County Planning Board

Quasi-Judicial Hearing - March 2, 2021 - 8:30 AMEscambia County Central Office Complex

3363 West Park Place, Room 104

1. Call to Order.

2. Pledge of Allegiance to the Flag.

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

4. Approval of Minutes I. That the Planning Board review and approve the Meeting Resume Minutes of the February

2, 2021, Planning Board Rezoning Meeting.

5. Acceptance of Planning Board Rezoning Meeting Packet.

6. Public Hearings. I. Case #: Z-2021-02

Applicant: Buddy Page, Agent for Jupiter's Gold/ Culvers, OwnerAddress: 6042 Mobile HwyProperty Size: 0.89+/-From: Com, Commercial district (25 du/acre); MDR, Medium density

residential district (10 du/acre)To: Com, Commercial district (25 du/acre)

7. Adjournment.

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DRAFT MINUTES OF THE REGULAR MEETING OF THE ESCAMBIA COUNTY PLANNING BOARD

February 2, 2021

1. Call to Order. Present: Reid Rushing, Board Member

Jay Ingwell, Board MemberWayne Briske, ChairmanTim Pyle, Board MemberGary Sammons, Board MemberWalker Wilson, Board MemberPatty HightowerStephen Opalenik

Staff Present: Horace Jones, Director, Development ServicesAndrew Holmer, Division Manager, Planning & ZoningCharlie Peppler, Deputy County AttorneyAllyson Lindsay, Urban Planner II, Development ServicesRachel Whitmire, Administrative Assistant

Chairman Briske called the Quasi-Judicial Rezoning Meeting of the Planning Board to order at 8:30 a.m.

2. Pledge of Allegiance to the Flag.

3. Proof of Publication and Waive the Reading of the Legal Advertisement. Motion by Tim Pyle, Seconded by Eric Fears

Motion was made to waive the reading of the legal advertisement.

Vote: 7 - 0 Approved

4. Approval of Minutes.

5. Acceptance of Planning Board Meeting Packet. Motion by Eric Fears, Seconded by Jay Ingwell

Motion was made to accept the meeting package.


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6. Quasi-judicial Process Explanation

7. Public Hearings.

A. Case #: Z-2021-01Applicant: Ken Mackie, OwnerAddress: 1500 N 65th AveProperty Size: 3.89 (+/-) acres

From: MDR, Medium Density Residential (10 du/acre)To: LDMU, Low Density Residential Mixed-Use (7du/acre)

Motion by Eric Fears, Seconded by Tim Pyle

Motion was made to accept staff's findings and approve Z-2021-01 with the amendment of findings in Criteria C saying " would be compatible."


8. Adjournment. There being no further business to come before the Board, Chairman

Briske declared the Quasi-Judicial Rezoning Meeting of the Planning Board adjourned at 9:01 AM.

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Planning Board-Rezoning

Meeting Date: 03/02/2021APPLICANT: Buddy Page, Agent for Jupiter’s Gold/Culvers, Owner ADDRESS: 6042 Mobile Hwy PROPERTY REF. NO.: 35-1S-31-4409-001-001FUTURE LAND USE: MU-U, Mixed Use UrbanDISTRICT: 1OVERLAY DISTRICT: N/ABCC MEETING DATE: 04/08/2021

SUBMISSION DATA:REQUESTED REZONING:FROM: Com, Commercial district (25 du/acre); MDR, Medium density residential district (10 du/acre)TO: Com, Commercial district (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)

APPROVAL CONDITIONSCriterion a., LDC Sec. 2-7.2(b)(4)Consistent with Comprehensive PlanThe proposed zoning is consistent with the future land use (FLU) category as prescribed in LDC Chapter 3, and with all other applicable goals, objectives, and policies of the Comprehensive Plan. If the rezoning is required to properly enact a proposed FLU map amendment transmitted for state agency review, the proposed zoning is consistent with the proposed FLU and conditional to its adoption.CPP FLU 1.3.1 Future Land Use Categories.The Mixed-Use Urban (MU-U) 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.

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CPP FLU 1.5.1 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).FINDINGSThe proposed amendment to Commercial is consistent with the intent and purpose of Future Land Use category MU-U as stated in CPP FLU 1.3.1. Mixed-Use Urban allows for a mix of residential and non-residential uses and promotes infill development. The parcel will utilize the existing public roads, utilities, and infrastructure.Criterion b., LDC Sec. 2-7.2(b)(4)Consistent with Zoning District ProvisionsThe proposed zoning is consistent with the purpose and intent and with any other zoning establishment provisions prescribed by the proposed district in Chapter 3.Sec. 3-2.7 Medium Density Residential district (MDR).(a) Purpose. The Medium Density Residential (MDR) district establishes appropriate areas and land use regulations for residential uses at medium densities within suburban or urban areas. The primary intent of the district is to provide for residential neighborhood development in an efficient urban pattern of well-connected streets and at greater dwelling unit density than the low density residential district. Residential uses within the MDR district are limited to single-family and two-family dwellings. The district allows non-residential uses that are compatible with suburban and urban residential neighborhoods.Sec. 3-2.10 Commercial district (Com).(a) Purpose. The Commercial (Com) district establishes appropriate areas and land use regulations for general commercial activities, especially the retailing of commodities and services. The primary intent of the district is to allow more diverse and intense commercial uses than the neighborhood commercial allowed within the mixed-use districts. To maintain compatibility with surrounding uses, all commercial operations within the Commercial district are limited to the confines of buildings and not allowed to produce undesirable effects on surrounding property. To retain adequate area for commercial activities, new and expanded residential development within the district is limited, consistent with the Commercial (C) future land use category. FINDINGSThe proposed amendment is consistent with the intent and purpose of the Land Development Code. The requested change to Commercial zoning will make the entire parcel commercial, removing the split zoning of MDR. The parcel received a Conditional Use approval in November 2019 to allow for a drive-thru within 200’ of an MDR zoning and has also received a Development Order for the development that is currently under construction.

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Criterion c., LDC Sec. 2-7.2(b)(4)Compatible with surrounding uses All the permitted uses of the proposed zoning, not just those anticipated by the rezoning applicant, are compatible, as defined in Chapter 6, with the surrounding uses. The uses of any surrounding undeveloped land shall be considered the permitted uses of the applicable district. Compatibility is not considered with potential conditional uses or with any nonconforming or unapproved uses. Also, in establishing the compatibility of a residential use, there is no additional burden to demonstrate the compatibility of specific residents or activities protected by fair housing law. FINDINGSThe proposed amendment is compatible with surrounding existing uses in the area. Within the 500 radius impact area, staff observed properties with zoning districts MDR, Com, and HDMU. Most of the surrounding parcels are currently zoned and used for commercial.Criterion d., LDC Sec. 2-7.2(b)(4)Appropriate if spot zoning. Where the proposed zoning would establish or reinforce a condition of spot zoning as defined in Chapter 6, the isolated district would nevertheless be transitional in character between the adjoining districts, or the differences with those districts would be minor or sufficiently limited. The extent of these mitigating characteristics or conditions demonstrates an appropriate site specific balancing of interests between the isolated district and adjoining lands.As per LDC Chapter 6, Spot Zoning is: Zoning applied to an area of land, regardless of its size, that is different from the zoning of all contiguous land. Such isolated or “spot” zoning is usually higher in its density or intensity of use than the adjoining zoning and may, therefore, extend privileges not generally extended to property similarly located in the area. Spot zoning is not by itself prohibited, but due to its potentially adverse impacts on adjoining zoning it carries a higher burden of demonstration that, if authorized, it will contribute to or result in logical and orderly development.FINDINGSThe requested zoning would not be considered spot zoning as the adjoining parcels are commercial and this would remove a split zoned parcel in Escambia County.Criterion e., LDC Sec. 2-7.2(b)(4)Appropriate with changed or changing conditions.If the land uses or development conditions within the area surrounding the property of rezoning have changed, the changes are to such a degree and character that it is in the public interest to allow new uses, density, or intensity in the area through rezoning; and the permitted uses of the proposed district are appropriate and not premature for the area or likely to create or contribute to sprawl.

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FINDINGSThe land uses or development conditions within the area surrounding the property of rezoning have not changed. The primary intent of the requested Com zoning district is to remove the MDR portion of the parcel so that the entire development will be under one zoning classification.

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Z-2021-02

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PRINCIPAL ARTERIALMINOR ARTERIALCOLLECTORLOCAL ROAD0 1,000 2,000 3,000

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Z-2021-02LOCATION MAP

Planning and Zoning Dept.

This mapis provided for information

purposes only. The data is notguaranteed accurate or suitablefor any use other than that for

which it was gathered.

Andrew Holmer

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HDMU

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PARCELSPRINCIPAL ARTERIALMINOR ARTERIALCOLLECTORLOCAL ROAD0 300 600 900

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Z-2021-02500' RADIUS ZONING





Andrew Holmer

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MU-U

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Z-2021-02FUTURE LAND USE





Andrew Holmer

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Z-2021-02EXISTING LAND USE





Andrew Holmer

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Z-2021-02AERIAL/WETLANDS MAP





Andrew Holmer

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Public Hearing sign

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Looking onto the subject Property

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Another view of subject property

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Looking west across Mobile Hwy from subject property

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Looking north from subject parcel on

Mobile Hwy

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Wiley C'Buddy" Page, MPA, APAProfessional Growth Management Services, LLC

5337 Hamilton Lane Pace, Florida 32571Cell [email protected]

January 15, 2021VIA HAND DELIVERY

Mr. Horace Jones, DirectorDepartment of Growth Management3363 West Park AvenuePensacola, Florida 32505

RE: Rezoning request: MDR to COMMParcel: 35-1S-31-4409-001-001

Owner: Jupiter's Gold / Culver'sAddress: 6042 Mobile Highway

Pensacola, 32514

Dear Mr. Jones:

The attached application requests Planning Board consideration to change the existing MDRparcel (further described and identified herein) to COMM zoning.

Aprior application for the balance of this site (see survey) requested and was approved asCommercial. Since that time, the owner acquired the adjacent parcel described herein which is zonedMDR. This request is to rezone the newly acquired adjacent parcel so that all of the site will then bezoned Commercial.

The application contains the required filing fee together with additionalinformation regarding location, proof of ownership and referenced materials. Pleasecontact me if you have any questions or require anything further. Thankyou.

copy: Culver's

Vffl tf"4ly yours.

Wiley C'Blddy" P^e

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From: Buddy PageTo: Allyson LindsayCc: Horace L Jones; Andrew D. Holmer; "Brandon Cherry"Subject: [EXTERNAL]FW: Rezoning of propertyDate: Tuesday, January 26, 2021 9:10:12 PM

WARNING! This email originated from an outside network. DO NOT CLICK links orattachments unless you recognize the sender and know the content is safe.

Allyson, attached email statement from owner per your request. Feel free to me or Brandon (734-748-9804) if you have any further questions. Thanks, Buddy

From: Brandon Cherry [mailto:[email protected]] Sent: Tuesday, January 26, 2021 6:17 PMTo: Buddy PageSubject: Rezoning of property Hi Buddy,Here are the 2 reasons for my request to rezone:

My intentions to re-zone my property to commercial is for financial consistency.

I had to piece together 3 parcels to be able to put my restaurant on there. Ensuringall the property is commercial keeps consistency thru out..

Thanks,

Brandon CherryCell 734-748-9804

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mailto:[email protected]





3363 WEST PARK PLACE • PENSACOLA, FLORIDA 32505 • 850-595-3404 • 850-595-3405 (FAX)

BOARD OF COUNTY COMMISSIONERS

ESCAMBIA COUNTY, FLORIDA

INTEROFFICE MEMORANDUM

TO: Andrew Holmer, Division Manager Development Services Department

FROM: Terri V. Malone, AICP, Transportation Planner Transportation & Traffic Operations Division

DATE: February 22, 2021 RE: Transportation & Traffic Operations (TTO) Comments – Z-2021-02

TTO Staff has reviewed Z-2021-02, 6042 Mobile Highway. This property has split zoning and the requested zoning change from Medium Density Residential (MDR) to Commercial (COMM) would provide a single zoning for the entire property. This rezoning case is scheduled for the March 2, 2021 Planning Board Meeting. Please see the below comments.

This segment of Mobile Highway has four-lanes of travel with a grassed median.

Mobile Highway has an approximate right-of-way width of 73 feet. The location of the property in question is approximately 690 feet north of the intersection of Mobile Highway and Michigan Avenue. The County does not have any proposed improvement projects scheduled for this section of Mobile Highway. However, FDOT has a resurfacing project on this segment of roadway scheduled fiscal year 2022.

Mobile Highway is listed on the Florida-Alabama TPO’s Congestion Management

Process Plan as an Arterial Roadway with a capacity target of LOS D and a corresponding daily volume threshold of 32,400. Near the subject property, the annual average daily traffic volume on Mobile Highway was recorded as 30,000 for year 2019.

There are no significant traffic concerns related to this rezoning request. Please

note that TTO’s review is solely based on the application submittal packet, so the comments above hold no bearing on any future TTO comments during the Development Review process.

cc: Horace Jones, Development Services Department Director

Joy Jones, P.E., Engineering Department Director Christine Fanchi, P.E., Transportation Engineer

Allyson Lindsay, Development Services Department

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agenda escambia county planning board quasi-judicial

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