0902 Revising FLUM ORDINANCE NO. 902
• AN ORDINANCE OF THE CITY OF OKEECHOBEE,
FLORIDA AMENDING THE CITY OF OKEECHOBEE
COMPREHENSIVE PLAN, ORDINANCE NO. 635 AS
AMENDED, BY REVISING THE FUTURE LAND USE MAP
ON A CERTAIN TRACT OF LAND MORE PARTICULARLY
DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO
COMMERCIAL (C); PROVIDING FOR INCLUSION OF
ORDINANCE AND REVISED FUTURE LAND USE MAP IN
THE COMPREHENSIVE PLAN; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for
orderly growth and development; and
WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code
provide for amendment to Adopted Comprehensive Plans; and
WHEREAS, the City has received and reviewed certain application(s) (No. 05-009-SSA)
for a small-scale amendment to the Future Land Use Element of the City's
Comprehensive Plan, and said application(s) being reviewed by the City's Land
Planning Agency at a duly advertised meeting, and submitted by staff report,which
determined such applicant(s) to be consistent with the Comprehensive Plan and
appropriate to the future land uses within the City; and
WHEREAS, the City has agreed with the recommendations of the Land Planning Agency
that the proposed application(s) complies with the requirements of Florida Statutes
163, Part II, and that the proposed applications are consistent with the
Comprehensive Plan and appropriate to the future land uses within the City;
NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City, that:
SECTION 1. SHORT TITLE.
THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale
Development Activities Comprehensive Plan Amendment," pursuant to F.S.
163.3187, and shall be effective within the City limits of the City of Okeechobee,
Florida.
SECTION 2. AUTHORITY.
This City of Okeechobee Small Scale Development Activities Comprehensive Plan
Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II,
Florida Statutes.
SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP.
• 1. The following described land consisting of approximately 0.20 acre(s) is
hereby redesignated for purposes of the Future Land Use Map of the City of
Okeechobee Comprehensive Plan:
a. Application No. 05-009-SSA, from Single Family to Commercial. The
Page 1 of 2
Legal Description of Subject Property is as follows:
LOT 3, AND THE WEST 10 FEET OF LOT 2, OF BLOCK
144, CITY OKEECHOBEE, AS RECORDED THEREOF IN
PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA.
SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND
USE MAP IN THE COMPREHENSIVE PLAN.
It is the intention of the City Council of the City of Okeechobee, Florida and it is
hereby provided,that the provision of the Ordinance, and the revisions to the Future
Land Use Map more particularly described as "Future Land Use: 2000 City of
Okeechobee, March 19, 1991, as amended December 6, 1994," which is
incorporated herein by reference, shall become and be made a part of the City of
Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as
amended).
SECTION 5. SEVERABILITY.
If any provision or portion of this ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining
provisions and portions of this ordinance shall remain in full force and effect.
SECTION 6. EFFECTIVE DATE.
The effective date for the enactment of Ordinance No. 902 shall be thirty-one (31)
days after the adoption of this ordinance.
INTRODUCED for first reading and public hearing on the 2ND day of August, 2005.
. . 4;??../..0.....--- 1.-.Ca
• James E. Kirk, Mayor
ATTEST:3
typit' - iis&a......,
t
Lan Gamiate4, CMC, City Clerk
ADOPTED after first reading on the 2"d day of August, 2005.
dr James E. Kirk, Mayor
ATTEST: •
ASAI1 N kw 1di _Pa=4-
Lan Gamiotea, MC, City Clerk
REVIEWED FOR LEGA SUFFICIENCY:
,i ;7
John R. Cook, City Attorney
Page 2 of 2
AUGUST 2, 2005 - REGULAR MEETING - PAGE 3 OF 18
315
1
1
IV. MINUTES - City Clerk.
A. Motion to dispense with the reading and approve the Summary of
Council Action for the July 19, 2005 Regular Meeting.
V. AGENDA - Mayor.
Council Member Chandler moved to dispense with the reading and approve the Summary of Council Action for the
July 19, 2005 Regular Meeting; seconded by Council Member Williams. There was no discussion on this item.
VOTE
KIRK - YEA
CHANDLER -YEA
MARKHAM - YEA
WATFORD - YEA
L. WILLIAMS - YEA
MOTION CARRIED.
A. Requests for the addition, deferral or withdrawal of items on today's III Mayor Kirk asked whether there were any additions, deferrals, or withdrawals of items on today's agenda. There were
agenda. 111 none.
VI. OPEN PUBLIC HEARING FOR ORDINANCE ADOPTION - Mayor. III MAYOR KIRK OPENED THE PUBLIC HEARING FOR ORDINANCE ADOPTION AT 6:07 P.M.
A.1. a) Motion to read by title only, proposed Ordinance No. 902, amending Council Member Watford moved to read by title only, proposed Ordinance No. 902, amending the Future Land Use
the Future Land Use Map, Application No. 05-009-SSA submitted Map, Application No. 05-009-SSA submitted by Haynes and Susan Williams; seconded by Council Member Williams.
by Haynes and Susan Williams - City Planning Consultant (Exhibit
1).
b) Vote on motion to read by title only.
VOTE
KIRK - YEA
CHANDLER -YEA
MARKHAM - YEA
WATFORD - YEA
L. WILLIAMS - YEA
MOTION CARRIED.
316
AUGUST 2, 2005 - REGULAR MEETING - PAGE 4 OF 18
VI. PUBLIC HEARING CONTINUED.
A.1. c) City Attorney to read proposed Ordinance No. 902 by title only.
2. a) Motion to adopt Ordinance No. 902. (Land Planning Agency
recommends approval)
b) Public comments and discussion.
Attorney Cook read proposed Ordinance No. 902 by title only as follows: "AN ORDINANCE OF THE CITY OF
OKEECHOBEE, FLORIDAAMENDINGTHE CITYOFOKEECHOBEECOMPREHENSNEPLAN, ORDINANCENO.
635 AS AMENDED, BY REVISING THE FUTURE LAND USE MAP ON A CERTAIN TRACT OF LAND MORE
PARTICULARLY DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO COMMERCIAL (C); PROVIDING FOR
INCLUSION OF ORDINANCE AND REVISED FUTURE LAND USE MAP IN THE COMPREHENSIVE PLAN,
PROVIDING FOR AN EFFECTIVE DATE."
Council Member Williams moved to adopt proposed Ordinance No. 902; seconded by Council Member Chandler.
This ordinance pertains to Comprehensive Plan Future Land Use Map Amendment Application No. 05-009-SSA
submitted by the property owners, Haynes and Susan Williams. The property is located at 408 Northeast 3rd Street
with Legal Description as Lot 3 and the West 10 feet of Lot 2 of Block 144, City of Okeechobee. The property is
approximately 0.20 acre(s). The request is to change the Future Land Use designation from SF to C.
Mr. Jim LaRue, City Planning Consultant, was present and addressed the Council with the description of the property,
it being a two-story duplex with the bottom section being used as a commercial business and the top section being
used as an apartment. The owners are proposing to keep the existing use.
Mr. Williams, property owner, distributed maps to the Council which indicated the numerous existing commercial uses
in the surrounding area.
Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use Categories and Plan
Policies. As proposed the applicant's request would be inconsistent with the C land use category and the Plan Policies
that control such uses. (B) Concurrency of Adequate Public Facilities. The subject property is already developed
and is included with the City's service area. (C) Compatibility with Adjacent and Nearby Land Uses. The existing
neighborhood seems to reflect a low level of residential intensity with little commercial areas in the neighborhood.
Commercial uses would be inconsistent with the existing pattern of nearby land uses. (D) Compliance with Specific
Standards of the Plan. There is no evidence presented to show this property, in terms of compatibility, would be best
served by changing its Future Land Use Classification to C.
1
L_
AUGUST 2, 2005 - REGULAR MEETING - PAGE 5 OF 18
317
VI. PUBLIC HEARING CONTINUED,
A. 2. b) Public comments and discussion continued.
c) Vote on motion.
CLOSE PUBLIC HEARING - Mayor.
VII. NEW BUSINESS.
Clerk Gamiotea reported by memorandum in Exhibit One, all fees have been paid. The ordinance was advertised in
the Okeechobee News on July 22. The Planning Staff found the application not to be in compliance with the
Comprehensive Plan and does not recommend approval. However, the Land Planning Agency discussed the
application at their July 26, 2005 meeting, found the application to be consistent with the Comprehensive Plan and
is recommending approval. It is not necessary to mail notices to the surrounding property owners, nor post a sign
on the property since this is a small scale amendment (less than 10 acres). There is a Rezoning Application in process
for the property as well (No. 05-006-R).
Mayor Kirk asked whether there were any questions or comments from the public. There were none.
Mayor Kirk then opened the floor for discussion between the Council. Council Member Watford remarked that what
makes this request favorable is the mixed use of the proposal with the commercial use on the bottom floor and the
residential use on the top floor. Council Member Markham noted that the surrounding area looks like a mixed variety
of uses even with multi -family and that this area will likely be more commercial. He also noted that the applicant should
be able to meet most of the set backs and parking due to how the site is laid out. Mr. Williams stated there have not
been any parking problems or complaints from the residential areas. He has been operating from this location, due
to destruction of their building during the Hurricanes in September of 2004.
VOTE
KIRK - YEA
CHANDLER - YEA
MARKHAM - YEA
WATFORD - YEA
L. WILLIAMS - YEA
MOTION CARRIED.
MAYOR KIRK CLOSED THE PUBLIC HEARING AT 6:23 P.M.
A.1. a) Motion to read by title only and set August 16, 2005 as a final public Council Member Williams moved to read by title only, and set August 16, 2005 as a final public hearing date for
hearing date for proposed Ordinance No. 903, regarding Rezoning proposed Ordinance No. 903, regarding Rezoning Petition No. 05-006-R submitted by Haynes and Susan Williams;
Petition No. 05-006-R submitted by Haynes and Susan Williams - seconded by Council Member Watford.
City Planning Consultant (Exhibit 2).
•
• FXN/8/T f
AUGUST 2, 2005
ORDINANCE NO. 902
AN ORDINANCE OF THE CITY OF OKEECHOBEE,
FLORIDA AMENDING THE CITY OF OKEECHOBEE
COMPREHENSIVE PLAN, ORDINANCE NO. 636 AS
AMENDED, BY REVISING THE FUTURE LAND USE MAP
ON A CERTAIN TRACT OF LAND MORE PARTICULARLY
DESCRIBED HEREIN FROM SINGLE FAMILY (SF) TO
COMMERCIAL (C); PROVIDING FOR INCLUSION OF
ORDINANCE AND REVISED FUTURE LAND USE MAP IN
THE COMPREHENSIVE PLAN; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Okeechobee recognizes the need to plan for
orderly growth and development; and
WHEREAS, Chapter 163, Florida Statues, and Rule 9J5, Florida Administrative Code
provide for amendment to Adopted Comprehensive Plans; and
WHEREAS, the City has received and reviewed certain application(s) (No. 05-009-SSA)
for a small-scale amendment to the Future Land Use Element of the City's
Comprehensive Plan, and said application(s) being reviewed by the City's Land
Planning Agency at a duly advertised meeting, and submitted by staff report, which
determined such applicant(s) to be consistent with the Comprehensive Plan and
appropriate to the future land uses within the City; and
WHEREAS, the City has agreed with the recommendations of the Land Planning Agency
that the proposed application(s) complies with the requirements of Florida Statutes
163, Part 11, and that the proposed applications are consistent with the
Comprehensive Plan and appropriate to the future land uses within the City;
NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council; and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City, that:
SECTION 1. SHORT TITLE.
THIS ORDINANCE shall be known as the "City of Okeechobee Small Scale
Development Activities Comprehensive Plan Amendment," pursuant to F.S.
163.3187, and shall be effective within the City limits of the City of Okeechobee,
Florida.
SECTION 2. AUTHORITY.
This City of Okeechobee Small Scale Development Activities Comprehensive Plan
Amendment is adopted pursuant to the provisions of Chapter 163.3187, Part II,
Florida Statutes.
SECTION 3. REVISIONS TO THE FUTURE LAND USE MAP.
The following described land consisting of approximately 0.20 acre(s) is
hereby redesignated for purposes of the Future Land Use Map of the City of
Okeechobee Comprehensive Plan:
Page 1 of 2
0 •
a. Application No. 05-009-SSA, from Single Family to Commercial. The
Legal Description of Subject Property is as follows:
LOT 3, AND THE WEST 10 FEET OF LOT 2, OF BLOCK 144,
CITY OKEECHOBEE, AS RECORDED THEREOF IN PLAT
BOOK 5, PAGE 5, PUBLIC RECORDS OF OKEECHOBEE
COUNTY, FLORIDA.
SECTION 4. INCLUSION OF ORDINANCE AND REVISED FUTURE LAND
USE MAP IN THE COMPREHENSIVE PLAN.
It is the intention of the City Council of the City of Okeechobee, Florida and it is
hereby provided, that the provision of the Ordinance, and the revisions to the Future
Land Use Map more particularly described as "Future Land Use: 2000 City of
Okeechobee, March 19, 1991, as amended December 6, 1994," which is
incorporated herein by reference, shall become and be made a part of the City of
Okeechobee Comprehensive Plan (City of Okeechobee Ordinance No. 635, as
amended).
SECTION 5. SEVERABILITY.
If any provision or portion of this ordinance is declared by any court of competent
jurisdiction to be void, unconstitutional, or unenforceable, then all remaining
provisions and portions of this ordinance shall remain in full force and effect.
SECTION 6. EFFECTIVE DATE.
The effective date for the enactment of Ordinance No. 902 shall be thirty-one (31)
days after the adoption of this ordinance.
INTRODUCED for first reading and public hearing on the 2 11D day of Au ust, 2005.
ATTEST:
Lane Gamiotea, CMC, City Clerk
ADOPTED after first reading on the 2 nd day of Au ust, 2005.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John R. Cook, City Attorney
James E. Kirk, Mayor
James E. Kirk, Mayor
Page 2 of 2
LL _
MEMORANDUM
n,8,5d
To: Mayor and Council
From: Lane Gamiotea, City Clerk
Subject: Ordinance No. 902/Future Land Use Map Amendment No. 05-009-SSA
Date: July 27, 2005
This is the final public hearing regarding Ordinance No. 902 to consider approving Comp. Plan Small
Scale Future Land Use Map Amendment Application No. 05-009-SSA. The application was submitted
by the property owners, Haynes and Susan Williams.
The request is to change the future land use on Lot 3 and the West 10 feet of Lot 2 of Block 144, City
of Okeechobee, from Single Family to Commercial. The property is located at 408 NE 31 Street.
• All fees have been paid.
• The ordinance was advertised in the Okeechobee News on July 22.
• The Planning Staff found the application not to be in compliance with the Comprehensive Plan and
does not recommended approval. The Land Planning Agency is recommending approval, see attached
July 26, 2005 LPA Meeting minutes and Planning Staff Report.
• Due to this being a small scale (less than 10 acres) amendment, it is not necessary to mail notices
to the surrounding property owners, nor post a sign on the property.
• There is a Rezoning application in process for the property as well (No. 05-006-R).
Please do not hesitate to contact me should you require any additional information regarding this
application.
Thank you.
City of Okeechobee
General Services Department
55 S.E. 3`d Avenue, Room 101
Okeechobee, Florida 34974-2903
Phone: (863) 763-3372, ext. 218
Fax: (863) 763-1686
Date: u a� Petition No. 05 _ Q _ SS
Fee Paid: t 500 jurisdiction: L PA eC
1st Hearing: -1 I aLo 105 2nd Hearing: $ I �. I ®5
Publication Dates:
Notices Mailed:
Comprehensive Plan Map Amendment Application
Please Check One:
x Small Scale Amendment (Under 10 Acres) _ Large Scale Amendment (Over 10 Acres)
✓
Name of property owner(s): Haynes E. Williams and Susan Williams
A
Owner mailing address: 206 N. Parrott Ave., Okeechobee, FL 34972-2931
P_
r
Name of applicant(s) if other than owner (state relationship): Same
i
Applicant mailing address: Same
c
A
Name of contact (state relationship): Same
person
T
Contact person daytime hone(s): 863 610-2390 Fax: 863 763-4268
✓
Property address / directions to property: 408 NE 3rd St . , Okeechobee, FL 34972
Parcel Identification Number: 3-15-37-35-0010-01440-0030
Size of the Property (in acres): 0.20 acres
Current Zoning Designation: RSF-1
P.
R;
Current Future Land Use Designation: Single Family
O !
Existing Use of the Property: Temporary real estate office + 2 bedroom apartment
P
E
Proposed Future Land Use Designation: Commercial
R:
T
Proposed Use of the Property: Real estate brokerage on 1st floor and two bedroom
Y'
apartment on the second floor.
Description of Surrounding Properties: 2 dentist offices, MCDon$ld's, Wise Tv &
Radio Shack, Watford Trucking, Beauty shop.& florist, Church of God,
Attorney Colin Campbell's office, single family residences
Legal Description of the Property (Lengthy Description May be Attached):
Lot 3 and the west ten feet._of._Lot_2,--Block 1441 City of. -Okeechobee
Uniform Land Use Application (rev. 12/03) Page I of 2
"0 Haynes E. Williams June 23, 2005
Printed Name Date
„-�.,,, S�s�r1 GtJ�Ilra�s 1pa�-OS
Uniform Land Use Application (rev. 12/03) Page 2 of 2
HAYNES E. WILLIAMS
206 NORTH PARROTT AVENUE
OKEECHOBEE, FL 34972
OFFICE: (863) 763 - 8051 - FAX: (863) 763 - 4268
CELL: (863) 610 - 2390
June 23, 2005
City of Okeechobee
General Services Department
55 S.E. 3`d Avenue, Room 101
Okeechobee, FL 34974-2903
Re: Comprehensive Plan Map Amendment Application
Parcel 3 -15 -3 5 -3 7-0010-01440-003 0
Lot 3 and the West 10 feet of Lot 2, Block 144,
City of Okeechobee
To Whom It May Concern:
The two-story duplex located on the subject property was built in 2000 by Mike and
Patricia Powell and purchased on December 26, 2002 by Haynes and Susan Williams.
Presently, it is non -conforming Single Family RSF-1. The downstairs is occupied by a
real estate brokerage and the upstairs is rented out as a two-bedroom/one-bath apartment.
Adjacent to the subject property are single-family residences, professional offices (two
dentists, one attorney), Watford Trucking depot, Church of God, McDonald's, Wise
TV/Radio Shack, and a new commercial building under construction one block to the
west.
We are submitting this application to change the future land use designation from Single
Family Residential (RSF-1) to Light Commercial (CLT).
Susan Williams
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1375 Jack Street, Suite 206
• Fort Myers, orida 33901-2845
Phone: 239-334-3366 Fax: 239-334-6384
: Email: larue-planning(a,att.net
Staff Report -Small Scale
Comprehensive Plan
Amendment
Prepared for • The City of Okeechobee
Applicant: Haynes and Susan Williams
From: Single Family to Commercial
Petition No.: 05-009-SSA
0
Staff Report
Small -Scale Comprehensive Plan Amendment
•
Applicant: Haynes & Susan Williams
Petition No. 05-009-SSA
Applicant:
Haynes & Susan Williams
Applicant Address:
206 W. Parrot Avenue
Okeechobee, FL 34972
Applicant Phone Number:
863-610-2390
Future Land Use Map
Classification
Existing
Single -Family
Proposed
Commercial
Zoning District
RSF-1
CLT
Use of Property
Office & Apartment
Office & Apartment
Acreage
0.20 acres
Access
NE 3rd
Location:
408 NE 3rd St.
Legal Description: Lot 3, and the West 10 feet of Lot 2, Block 144,
Okeechobee, according to the Plat there of recorded in
P.B 5, Pg. 5, Public Records of Okeechobee County, FL.
Request:
The matter for consideration is an application for an amendment to the City of
Okeechobee Future Land Use Map. Based on the size of the subject property this
application qualifies under F.S. §163 as a "Small Scale Amendment" to the Plan.
Adjacent Future Land Use Map classifications and Zoning Districts:
North: Future Land Use Map Classification:
Zoning District:
Existing Land Use:
East: Future Land Use Map Classification:
Zoning District:
Existing Land Use:
South: Future Land Use Map Classification
Zoning District:
Existing Land Use:
West: Future Land Use Map Classification
Zoning District:
Existing Land Use:
Single -Family
RSF — 1
Vacant
Single -Family
RSF— 1
Single Family residence
Multi -Family
RMF
Vacant
Single -Family
RSF — 1
Single Family residence
• 0
Staff Report Applicant: Haynes & Susan Williams
Small -Scale Comprehensive Plan Amendment Petition No. 05-009-SSA
The subject property is developed with a 2-story duplex that is currently being used
as an office (downstairs) and a rental apartment (upstairs). The applicant is not
proposing to change the existing use only the FLU And Zoning.
Comprehensive Plan Analysis
A. Consistency with the Land Use Categories and Plan Policies.
As proposed the applicant's request would be inconsistent with the Commercial
land use category and the Plan policies that control such uses.
B. Concurrency of Adequate Public Facilities
The subject property is already developed and is included with the City's service
area.
C. Compatibility with Adjacent and Nearby Land Uses
The existing neighborhood seems to reflect a low level of residential intensity
with little commercial areas in the neighborhood. Commercial uses would be
inconsistent with the existing pattern of nearby land uses.
D. Compliance with Specific Standards of the Plan.
There is no evidence presented to show this property, in terms of compatibility,
would be best served by changing it's Future Land Use Classification to
Commercial.
Analysis and Conclusions
The request to change the Future Land Use classification for the subject property
from Single -Family to Commercial should be denied based on the above information.
Whatever use that is present must be reviewed separately as to whether it is there as a
nonconforming use or allowed by other action.
Maps or Diagrams
Submitted by:
James G. LaRue, AICP
July 19, 2005
2
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(F)
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(D)
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(C)
- Calculation
NOTES:
t. Basis bearing THE NORTH BOUNDARY LINE
2. Bearings per ASSUMED
3. Not valid without the signature and the original raised
seal of a Florida licensed surveyor and mapper.
4. Description as per owner
STREET ADDRESS:
209 NORTH EAST 3RD AVENUE
CERTIFIED TO:
HAYNES E. AND SUSAN WILLIAMS
SURVEY OF:
LOT 3, AND THE WEST 10 FEET OF LOT 2, BLOCK 144, OKEECHOBEE, ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 5, PUBLIC RECORDS OF
OKEECHOBEE COUNTY, FLORIDA.
CERTIFICATE OF SURVEY
I HEREBY CERTIFY THAT THE PLAT OF SURVEY SHOWN HEREON WAS PREPARED
UNDER MY DIRECTION AND SUPERVISION.
LELAND DYALS, RLS 2084
_ in - 30' LDCArt= L- 3 c AEST UY L- X B- J44 22/37/35
L EL IV D D Y� L S D '' MW MUM
HAYNES M : s342
R. L. S. 2084 LIL �
304 a M 3rd Ave.. Okeechobee. Fla.
°� � WILLIAMS "°`�
PHONE .... 789-4M FAX .... 793-aw � NVISIOM DATE BY W-4L F. 8. /Pg :CO. !9/43-44 1 1 1 OF
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Julv 26. 2005 - Land Plannine AL-encv - Pa2c 2 of 4
III. New Business.
A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- Jennifer Morgan, representative of LaRue Planning and Management, City Planning Consultant,
009-SSA. Consider a recommendation to the City Council, to change the land briefly described the Staff Report as follows:
use designation from Single Family to Commerical. The subject property is
located at 408 NE 3rd Street. The property owners and applicants are Haynes and Planning Staff Report Summary of Application: The subject property is developed with a 2-
Susan Williams - City Planning Consultant. story duplex that is currently being used as an office (downstairs) and a rental apartment (upstairs).
11 The applicant is not proposing to change the existing use only the FLU And Zoning.
• Planning Staff Report Comprehensive Plan Analysis: (A) Consistency with the Land Use
Categories and Plan Policies. As proposed the applicant's request would be inconsistent with the
Commercial land use category and the Plan policies that control such uses. (B) Concurrency of
Adequate Public Facilities. The subject property is already developed and is included with the
City's service area. (C) Compatibility with Adjacent and Nearby Land Uses. The existing
neighborhood seems to reflect a low level of residential intensity with little commercial areas in
the neighborhood. Commercial uses would be inconsistent with the existing pattern of nearby land
uses. (D) Compliance with Specific Standards of the Plan. There is no evidence presented to
show this property, in terms of compatibility, would be best served by changing it's Future Land
Use Classification to Commercial.
Planning Staff Report Analysis and Conclusion: The request to change the Future Land Use
classification for the subject property from Single -Family to Commercial should be denied based
on the above information. Whatever use that is present must be reviewed separately as to whether
it is there as a nonconforming use or allowed by other action.
There was a brief discussion between the Agency Members and Attorney Cook related to non-
conforming uses within Commercial zoning districts.
Chairperson Ledferd explained that the property surrounding that area is mostly commercial type
uses.
Attorney Cook explained that if the application is denied, only the residential use would be
permitted to continue. If the application is granted the commercial use could continue; then, if a
Special Exception is granted the residential use could also continue as long as all City requirements
are met.
Julv 26, 2005 - Land Planning Agency - Page 3 of 4
IV. New Business.
A. Comprehensive Plan, Future Land Use Map Amendment Application No. 05- Agency Member Whidden questioned Attorney Cook whether it was customary to change the
009-SSA, continued. zoning/land use of one lot in the middle of the block. Attorney Cook responded that it would be
considered spot zoning, however the trend in the area should also be considered.
Agency Member McCoy stated that the new developments in that area are more of a commercial
nature than residential homes being constructed.
• Susan Williams, property owner, explained to that Agency that the property is currently being used
as a rental apartment upstairs and a temporary real estate office downstairs. She explained that
another one of their properties were destroyed by last years hurricanes. The tenant of that property,
Okeechobee Land Company, is currently occupying the downstairs as their office. Once their
original location is repaired they will be moving back. Mrs. Williams indicated that they are
proposing to sell the property. Mrs. Williams provided the Agency with a map of the area listing
the uses of the surrounding properties within that area. She explained that the map will show that
the area is primarily used for commercial businesses.
Attorney Cook explained that the new property owner must comply with all City Codes; including,
but not limited to, paved parking, landscaping, and drainage.
There was no public comments, nor any further discussion from the Agency.
• Agency Member MCoy motioned to recommend to City Council to approve Comprehensive Plan,
Future Land Use Map Amendment Application No. 05-009-SSA to change the land use
designation from Single Family to Commercial; seconded by Agency Member Hoover.
VOTE
BURROUGHS-YEA
HOOVER - YEA
K. FELLER - YEA
LEDFERD - YEA
MAXWELL - YEA
MCCOY - YEA
WHIDDEN - YEA
MOTION CARRIED.