(PENSACOLA) --- Governor Ron DeSantis' push for developers is quickly spreading to Pensacola.
Take, for example, Tuesday's Escambia County Planning Board Rezoning meeting, where it was made clear commercial use trumps low-density mixed-use (LDMU).
That rezone request for 1400 N Highway 29, which would convert 7 dwellings per acre of LDMU to 25 dwellings per acre of commercial use, seems to promote HB399, the governor's bill that gives developers more rights and limits local control over land development.
(Photo: Radius Zoning map regarding Highway 29 application for more commercial use)
OpGov.News platform picked up on the problem, reporting that "strong, well-articulated opposition regarding incompatibility with surrounding residential uses, spot zoning, the integrity of comprehensive plan criteria" was a definite issue among some residents.
That's just the platform's point of view, consistent with this reporter's coverage of the two-hour-long meeting and last month's, which also show residents' concern that developers' rights are diminishing theirs.
Jacqueline Rogers detailed many issues with the listed criteria, beginning with the comprehensive plan's intention to separate urban and suburban land uses with commercial use, which is not compatible with adjacent low-density residential.
Not to mention "the primary intent of the commercial district that they're trying to rezone to is to allow more diverse and intense commercial uses than the neighborhood commercial allowed within the mixed-use district," according to Rogers.
(Photo: Jacqueline Rogers rejects rezoning for proposed commercial use on Highway 29)
"They have a mixed-use district right now, and they want more intense uses," Rogers said.
Hank Colburn concurs.
"Commercial zoning allows up to 25 dwelling units, which is not compatible with surrounding LDMU zoning at only seven dwellings per acre," Colburn said. "Commercial zoning allows heights up to 150 feet."
Colburn reminded officials "that's potentially 15 stories."
"Not sure how you're going to buffer that," Colburn said.
But Meredith Bush disagrees.
(Photo: Meredith Bush explaining why proposed rezone criteria meets all necessary requirements)
The agent for DP Developers of North Florida LLC said, among other criteria, A and B are consistent with the comprehensive plan.
"The property is in mixed-use suburban, which expressly allows a mix of residential and non-residential uses, including retail services and sales, and it directs those uses towards arterial corridors like Highway 29," Bush said.
According to Bush, the criteria are also consistent with the Land Development Code, since "the commercial district is intended for retail and service uses along appropriate corridors."
But it's not consistent, according to Jane Harrington, who used the 440-home Bella Terra Master Plan to prove her point.
"Staff calls this property underutilized when it already has a massive Bella Terra residential development plan for it," Harrington said.
Not to mention how the rezone impacts the Land Development Code.
"You must find that no new density, or intensity of uses of the proposed zoning, will likely diminish quality of life, reduce property value, confer a special benefit on the subject property to the detriment of the community as a whole," Harrington said.
Working file photos show aerial shots of 29, which will gain traffic. But that does not seem to be a problem for Transportation & Traffic Operations staff, which, according to staff documents, "has no concerns related to this proposed rezoning."
(Photo: Aerial view of proposed rezoning along Highway 29)
The board also showed no concern about the rezone, passing it despite acknowledging spot zoning concerns, ultimately justifying approval based on the need for commercial services.
The OpGov.News platform picked up Larry Downs Jr.'s take on the burden of proof for rezoning, reporting he believes "the burden should be on the government to justify denying property rights, rather than on the property owner to prove their proposed use is compliant."
A public hearing for the rezone is June 17 at 5:45 p.m. at 221 Palafox Pl., first floor.
Other Key Takeaways reported by the platform include a discussion on the Community Redevelopment Agency regulations.
(Photo: OpGov.News Key Takeaways from May 5 meeting)
"Board members, particularly Horace (Jones), openly critiqued the 2,500-foot separation rule in the Warrington CRA overlay as 'stupid' and 'unfair,' advocating for its re-evaluation by the Board of County Commissioners," the platform reports.
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