Okaloosa County BOCC — August 16, 2016 — Ed Cox Motor Company FLUM Amendment & Rezoning — agenda request — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: August 16, 2016 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Ed Cox Motor Company FLUM Amendment & Rezoning DEPARTMENT: Growth Management BCC DISTRICT: 2 ISSUE: Consideration of a request to change the Future Land Use Map and zoning designations of properties located along Middle Drive between South Avenue and First Avenue in the unincorporated Fort Walton Beach area submitted by CPH, Inc. as agent for Ed Cox Motor Company, Inc. The request is to change the Comprehensive Plan Future Land Use Map (FLUM) designation for the property from Low Density Residential to Commercial (C), or a more restrictive FLUM designation. If the FLUM amendment is approved, request to rezone the property from Residential - 1 (R-1) district to General Commercial (C-3) district, or a more restrictive zoning district. Property contains 2.67 acres, more or less. BACKGROUND:  The property involved consists of residential lots platted as part of the Bayview residential subdivision which was recorded in 1940. Based on the Parcel ID numbers and deeds provided in the application the subject property consists of Lots 11 through 19, Block 6.  The applicants are requesting the changes for the expressed purpose of building a Wal- Mart Neighborhood Market.  The requested change would enable a broad range of intense commercial uses which would not be limited to the expressed purpose of a neighborhood market.  Attachment E 1990 FLUM shows a commercial FLUM designation for the subject property. Further research indicates this to be incorrect. The Future Land Use Map series apparently adopted as part of the 1990 comprehensive plan (Ord. No. 90-1) clearly shows a public alleyway to be the dividing line between the “Commercial” and “Residential” FLUM categories (Attachment J). This is further reflected in the original zoning map adopted in 1974 (Ord. No. 74-4) as well as the zoning map series from February, 1989 which also shows the alleyway as the dividing line between commercial and residential zoning districts. Thus, the alleyway appears to be the well-established dividing line beginning with the original 1974 zoning ordinance.  The applicant by separate request has asked the County to vacate the public alleyway.  According to the deeds provided with the application Ed Cox Motor Company, Inc. acquired Lots 13 through 19 from Danny and Sylvia Cox in February, 2016. The property  had been zoned “Residential Urban Single” (RUS) from 1974 to 2010 when the RUS category was changed to “Residential-1” (R-1). RUS and R-1 are both single-family dwelling zoning districts. The current owner should have, or could have, been aware of the property’s FLUM designation and zoning district with attendant residential restrictions prior to acquiring the property.  The predominate land use pattern in this area is commercial fronting upon Eglin Parkway (SR 85) in the first tier of lots, then low density residential in the second tier of lots separated by a public alleyway. It is professionally accepted planning practice to designate properties fronting upon a major highway as commercial in a land use plan with separation from other designated uses using a readily identifiable feature such as a road or public alleyway.  As shown aerial photos taken from Google Earth dating back to January, 1994 (Attachment K) very little has changed in the area from 1994 to 2016. Lots 11 through 19 appear to be the same as when originally subdivided into residential lots and are not peculiarly distinguishable or different from the other residential lots in the vicinity. There has been no natural or man-caused catastrophe to change the landscape, there have been no significant highway or infrastructure improvement projects, nor has there been any land use or zoning changes in the immediate vicinity. Unless facts are presented to the contrary, there is nothing to indicate that the property is unsuitable for single-family residential use in keeping with its existing FLUM and zoning classifications.  The Comprehensive Plan, Administration Element, Policy 1.5 sets forth “governmental interests” the Plan is predicated upon and promotes, including the following. Promote an orderly and logical pattern of land use and development. Promote compatibility between land uses so as to avoid the potential for nuisances. Protect viable residential areas and property values. To the extent practicable, ensure that all persons have quiet use and enjoyment of their property.  For the reasons stated herein, it is the staff opinion that: 1) the proposed FLUM amendment and rezoning does not promote an orderly and logical pattern of land uses appropriate to the area; 2) the requested action has the effect of introducing an incompatible commercial intrusion into a predominately single-family dwelling residential area, and; 3) the Commercial FLUM designation and C-3 zoning would allow a broad range of commercial activities that could have the potential to upset the integrity and residential character of the surrounding neighborhood which could diminish residents quiet use and enjoyment of their property.  The Comprehensive Plan, Future Land Use Element, Policy 10.1, Table 1 expresses the purpose of the Low Density Residential future land use category as To provide areas for  the protection of residential neighborhoods and for future low density residential development. Likewise, Subsection 2.03.02 of the Zoning Regulations states The intent of the R-1 zoning district is to implement and to put into regulatory effect the provision of the “Low Density Residential” future land use category as established in the Comprehensive Plan.  The Comprehensive Plan, Future Land Use Element sets forth policies regarding FLUM changes and rezonings as follow: Policy 4.4 Compatibility of adjacent zoning districts shall be considered during rezoning and land use plan amendments, considering potential maximum densities, intensities, and consistency of the potential land uses with surrounding districts, and the manner in which the land uses on the FLUM and zoning districts result in an appropriate transition of uses, densities, and intensities (also see Policy 10.13). Policy 10.13 It is the intent of the County that the application of zoning districts for the implementation of the land use categories in this comprehensive plan provide for transition from more intense development to less intense development. Transition means that there is a gradual decrease in the allowable densities and intensities from one district to the next, with the most intense districts near municipal boundaries or areas of intense urban development. The consideration of the degree to which zoning districts accomplish transition between land uses shall be a part of the review process for land use plan amendments and changes to zoning.  The expressed intent of the Business-Office (C-1) zoning district is The C-1 district is intended to implement and put into regulatory effect the provisions of the "commercial" future land use category. This district is further intended to provide transitional zoning between residential areas and more intense commercial uses.  It is staff opinion that maintaining the current LDR FLUM category and R-1 zoning is in furtherance of the governmental interests expressed in Administration Element, Policy 1.5, and the compatibility and transition statements expressed in Future Land Use Element, Policies 4.4 and 10.13. The requested C-3 zoning does not provide an adequate transition as stated in Policy 4.4 thereby increasing the potential for incompatibility nor does it provide for a transition form more intense development to less intense development as stated in Policy 10.13. PUBLIC COMMENT/OPPOSITION: There have been emails, telephone calls and letters of opposition. Several local residents attended the June 9, 2016 meeting. There were persons both in opposition and support of the proposed changes in attendance and who at the July 14, 2016 Planning Commission meeting. PLANNING COMMISSION: The Planning Commission conducted a public hearing of the subject petitions during its regular meeting of July 14, 2016. During the hearing, the applicant presented arguments in favor of the proposed FLUM amendment and rezoning. These arguments were primarily based on the applicant’s contention that the properties for which the changes are sought are inappropriate for residential use, and that the cumulative property (subject parcels plus existing commercial property on Eglin Parkway) is blighted and in need of redevelopment. The applicants also felt that staff had supported similar proposed changes in the past, and questioned the basis of staff’s position for recommending denial. A summary of the applicant’s position and staff’s response is provided in the attachments. After hearing considerable public testimony, the Planning Commission voted unanimously to recommend changing the FLUM to “Commercial”, and changing the zoning district to “Neighborhood Commercial” (C-2) rather than “General Commercial” (C-3) as requested by the applicant. The list of permitted uses in the C-2 district is attached, including retail sales/service shopping centers not to exceed 30,000 square feet in gross floor area. The proposed 42,000 square foot Walmart store would not be permitted in the C-2 district. MILITARY REPRESENTATIVE: No comment. STAFF POSITION: Staff objects to the requested changes based upon the findings specified above. If it is decided to change the FLUM category to “Commercial” then it is staff opinion that the Business-Office (C-1) zoning district would be more appropriate than the requested “General Commercial” (C-3) zoning district. OPTIONS: The Board has the following options regarding this FLUM change and rezoning. 1. The FLUM change must be decided first. This is a quasi-legislative decision subject to the fairly debatable standard of review. 2. The Board can approve the FLUM change from Low Density Residential (LDR) to Commercial (C). 3. The Board can deny the FLUM change from LDR to C. If the County denies the owner’s request for an amendment to the comprehensive plan which is applicable to the property of the owner, the County must afford an opportunity to the owner for informal mediation or other alternative dispute resolution. The costs of the mediation or other alternative dispute resolution shall be borne equally by the County and the owner. If the owner requests mediation, the time for bringing a judicial action is tolled until the completion of the mediation or 120 days, whichever is earlier (ss.163.3181(4), Fla. Stat.). 4. If the FLUM change from LDR to C is approved, the decision to rezone the property is quasi- judicial subject to the strict scrutiny standard of review. The Board can approve the C-1, C-2, or C-3 zoning district as may be considered appropriate. If the Board wishes to approve the C-3 zoning as requested by the applicant, it may, atr its discretion, apply the performance criteria provided in Section 2.10.7 of the LDC: 1. Criteria A - Low Impact Commercial: The following criteria shall attach to the C-3 zoning district for this criteria. a. Hours of operation: 7:00 AM to 7:00 PM. b. Noise: Noise levels shall be as