Okaloosa County BOCC — January 17, 2017 — Cathy's Creations FLUM Amendment & Rezoning — agenda request — reading text

BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST DATE: January 17, 2017 TO: Honorable Chairman and Members of the Board FROM: Elliot Kampert SUBJECT: Cathy's Creations FLUM Amendment & Rezoning DEPARTMENT: Growth Management BCC DISTRICT: 3 - Commissioner Boyles STATEMENT OF ISSUE: Consideration of a request changing the use of land submitted by Cathy’s Creations Corp. relating to property located at 4614 Johnson Street, Holt. The request is to change the Comprehensive Plan Future Land Use Map (FLUM) designation for the property from Low Density Residential (LDR) to Mixed Use (MU). If the FLUM amendment is approved, request to rezone the property from Residential - 1 (R-1) district to Mixed Use (MU) district. Property contains .69 acres, more or less. BACKGROUND:  The property involved is Lots 83 and 84, Re-Plat of Holt.  The property is situated at the corner of US Highway 90 West and Johnson Street, and has access from both Johnson Street and US 90.  This is the only property on US 90 in the vicinity that is designated LDR, all others are designated MU.  The property is located within the Holt Rural Community FLUM Overlay Zone which is intended to make available basic services to residents in the rural community and the surrounding rural area. These services may include retail sales and services as well as community facilities such as fire stations, post office, community center, etc.  Location/Designation criteria for the Mixed Use category expressed in the Comprehensive Plan, Future Land Use Element, Policy 10.1 is as follows. The MU category may be allowed either inside or outside the urban development boundary. The MU category may be applied to areas of existing mixed use development or as a means of encouraging compact, sustainable development patterns on an area-wide or parcel-specific basis for purposes of creating new mixed use areas, redevelopment, land assembly or related purposes. The percentage distribution among the mix of uses shall be no less than 50% any type of a predominate allowable use as specified herein in combination with one or more allowable uses which may be applied on a parcel-specific or area-wide basis, or the percentage distribution of uses may be applied based upon the following objective measurements: size of the property involved; use and character of the surrounding area; the extent of changed conditions and circumstances in the area; availability of utilities and services to support the uses allowed, and; the extent to which the mixed use designation would encourage a compact, sustainable pattern of development.  The MU designation in the vicinity of the amendment was done to accommodate the existing mix of land uses in the area at the time the FLUM was created. These uses were primarily commercial interspersed with some residential.  Any new MU designation should be in keeping with the location/designation criteria specified above which calls for no less than 50% of allowable uses to include both residential and commercial uses.   The MU zoning district is intended to implement and put into regulatory effect the provisions of the “Mixed Use” future land use category established in the Comprehensive Plan.  The MU zoning district allows all R-1, R-2, and R-3 permitted uses as well as all C-2 permitted uses. All C-3 uses may be allowed when the property involved fronts upon an arterial or collector roadway and there is no access to the commercial part of the property through a residential area or residential-zoned area (all C-2 and C-3 bulk regulations shall apply).  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 subject property is adjacent to and across from existing MU on the FLUM and zoning map. It is staff's opinion that the additional MU would be compatible with and provide transition as required by the above-stated policies. PUBLIC COMMENT/OPPOSITION: None to date. STAFF POSITION: Staff has no objection to the requested FLUM amendment and rezoning. PLANNING COMMISSION: The Planning Commission voted unanimously to recommend approval at a public hearing held December 8, 2016. MILITARY REPRESENTATIVE: No comment. RECOMMENDATION: It is recommended that the Board consider the facts presented herein, the Planning Commission recommendation, as well as any facts that may be presented at the public hearing, and then decide whether or not to adopt the FLUM amendment and rezoning by separate ordinances. RECOMMENDED BY: APPROVED BY: John Hofstad, County Administrator