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2003-10-28 PB CITY OF OKEECHOBEE PLANNING BOARD OCTOBER 28, 2003 SUMMARY OF BOARD ACTION I Pa ACTION - DISCUSSION - VOTE p.m. Vice-Chairperson Ledferd called the October 28.2003 Planning Board meeting to order at 8 :21 I Board Secretary Vinson called the roll without consent) without consent) Absent (with consent) Present Absent (with consent) Present Present Absent (without consent) Present Absent ( Absent ( Present Present Board Member Keller moved to dispense with the reading and approve the Summary of Board Action for the August 26, 2003 regular meeting. Board Member McCoy seconded the motion. I VOTE CREECH - YEA KELLER - YEA LEDFERD - YEA MCCoy - YEA MOTION CARRIED. AGENDA CALL TO ORDER - Chairperson. Planning Board, August 26, 2003. 7:30 p.m. Secretary . CHAIRMAN, MEMBER AND STAFF ATTENDANCE Chairman Jerry Walker Board Member Daniel Creech Board Member Dawn Hoover Board Member Thomas Keller Board Member William Ledferd Board Member Christopher Mavroides Board Member Douglas McCoy Alternate Sandra Jones Alternate Teresa Sallette Attorney John R. Cook Secretary Katrina Vinson I. II. v..: ,-... ..... .~ MINUTES - Secretary. Motion to dispense with the reading and approve the Summary of Board Action for the August 26, 2003 regular meeting. A. III. Pa Plannine: Board October 28,2003 ACTION - DISCUSSION - VOTE Summary of Application. Mr. Jim LaRue, of LaRue Planning and Management Services, City Planning Consultant, addressed the Board by reviewed Planning Staffs recommendations. The proposed zoning is compatible and consistent with the Comprehensive Plan, and will not have an adverse effect on the public interest. In conclusion, LaRue is recommending approval of the request. Dr. Jim Tenniswood, surrounding property owner, addressed the Board. He stated that he had no objection for the funeral home to be there. However, he is concerned with the other uses allowed in Heavy Commercial (CHV) zoning districts, if for some reason the funeral home was to close Mr. LaRue explained that in Heavy Commercial zoning designation the principle uses are professional, business, or medical offices. Commercial Professional Office (CPO) zoning would be the other zoning designation that allows a funeral home to operate as a permitted use -, c.o ~ Vikki Aaron, representative ofthe applicants, addressed the Board stating the purpose of zoning the property Heavy Commercial (CHV) was to allow the funeral home as a permitted use, then in the future to apply for a Special Exception to allow a crematory. Mr. LaRue explained to the Board that Heavy Commercial zoning was the most compatible with that area. Board Member McCoy made a motion to recommend to the City Council to approve Petition No. 03-007-R, to change the zoning from Residential Multiple Family (RMF) to Heavy Commercial based on Planning Staff s findings and recommedations; seconded by Board Member (CHV) Keller. VOTE CREECH - YEA KELLER - YEA LEDFERD - YEA McCoy - YEA MOTION CARRIED. AGENDA IV. NEW BUSINESS. Rezoning Petition No. 03-007-R. Consider a recommendation to the City Council to rezone 205 Northeast 2nd Street from Residential Multiple Family (RMF) to Heavy Commercial (CHV). Robert and Betty Braun are the owners and applicants, Vikki Aaron is the representative. A. I I I Pa Board October 28,2003 - Plannin ACTION - DISCUSSION - VOTE AGENDA I Following a brief discussion between the Board Members concerning the meeting dates for November and December, Board Member McCoy made a motion to change the meeting in November from November 25.2003. to November 20,2003; seconded by Board Member Keller. CONTINUED. Discuss meeting schedule for November and December. Meeting dates are November 25, 2003, and December 23. 2003. which both fall the week of holidays. VOTE CREECH - YEA KELLER - YEA LEDFERD - YEA MCCOY - YEA MOTION CARRIED. 23 made a motion to change the meeting in December from December 6,2003; seconded by Board Member McCoy. Board Member Keller 2003. to December 1 IV. NEW BUSINESS, B. I VOTE CREECH - YEA KELLER - YEA LEDFERD - YEA MCCOY - YEA MOTION CARRIED ~ (1) ~ There being no further items on the agenda, Vice-Chairperson Ledferd adjourned the meeting at 8:43 p.m. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. General Services tapes are for the sole purpose of backup for official records of the Department. I / 1, !d~~C William Ledferd, ~U ATTEST U Katrina Vinson, Secretary CITY OF OKEECHOBEE PLANNING BOARD OCTOBER 28, 2003 OFFICIAL AGENDA PAGE 10l* 1 I. CALL TO ORDER: Planning Board, October 28, 2003, 7:30 p.m. - Chairperson. II. CHAIRPERSON, MEMBER AND STAFF ATTENDANCE. Chairperson Jerry Walker Board Member Daniel Creech Board Member Dawn Hoover ( Board Member Thomas Keller Board Member William Ledferd ~ Board Member Christopher Mavroides Board Member Douglas McCoy Alternate Sandra Jones Alternate Teresa Sallette Attorney John R. Cook Secretary Katrina Vinson III. MINUTES. A. Motion to dispense with the reading and approve the Summary of Board Action for the August 26, 2003 regular meeting. IV. NEW BUSINESS. A. Rezoning Petition No. 03-007-R. Consider a recommendation to the City Council to rezone 205 Northeast 2nd Street from Residential Multiple Family (RMF) to Heavy Commercial (CHV). Robert and Betty Braun are the owners and applicants, Vikki Aaron is the representative. B. Discuss meeting schedule for November and December. Meeting dates are November 25, 2003, and December 23, 2003, which both fall the week of holidays. V. ADJOURNMENT - Chairperson. PLEASE TAKE NOTICE AND BE ADVISED that if any person desires to appeal any decision made by the Planning Board with respect to any matter considered at this proceeding, such interested person will need a record of the proceedings, and for such purpose may need to ensure a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. The tapes are for the sole purpose of backup for official records of the Department of General Services. PAGE -1- CITY,~F OKEECHOBEE -OCTOBER 28, 2003 - PLAN~tlNG BOARD - HANDWRITTEN MINUTES I. C/tLL TO ORDER - Chairperson: October 28, 2003, Planning Board Regular Meeting~G0 p.m. ~ '. ~ I II. CI~IAIRPERSON, BOARD MEMBER STAFF ATTENDANCE - Secretary. Present Absent Chairperson Jerry Walker ~ Board Member Daniel Creech ~ Board Member Dawn Hoover ,~ Board Member Thomas Keller ~' Board Member William Ledferd ~,/ Board Member Christopher Mavroides ~' Board Member Douglas McCoy .~' Alternate Sandra Jones "~ Alternate Teresa Sallette ~ Attorney John R, Cook ,/~ Secretary Katrina Vinson ~ III. MINUTES. Secretary. A. Board Member ~,_.~\\q'~' moved to dispense with the reading and approve the Summary of A~e~n~cy Action for the August 26, 2003 Regular Meeting; seconded by Board Member J VOTE i YEA NAY ABSTAIN ABSENT Creechi Hoove~ Keller i Ledfer¢ MavrOi~Jes McCoy! Walker ~ i MOTION: DENIED PAGE -2- IV. New Business - City Planning Consultant. A. Rezoning Petition No. 03.007-R. Consider a recommendation to the City Council to rezone 205 Northeast 2nd Street from Residential Multiple Family (RMF) to Heavy Commercial (CHV). Robert and Betty Braun are the owners and applicants, Vikki Aaron is the representative. PAGE-3- B. Discuss meeting schedule for November and December. Meeting dates are November 25, 2003, and December 23, 2003, which both fall the week of holidays. 'OJ.~;~ w~o-hon -~om Dec pujrd ~ Dec ............ 'T- ............... T .................................. T-I ............. V. ADJOURNMENT- Chairperson Walker at ~' ~ p.m. City of Okeechobee Date General Services Department Fee Paid: 55 S.E. 3,a Avenue, Room 101 ,st ttearing: Okeechobee, Florida 34974-2903 Phone: (863) 763-3372, ext. 217 Publication Dates: Fax: (863) 763-1686 NoticesMailcd: Uniform Land Use Application Rezone · Special Exception · Variance ~ Name of property owner(s):~ D. ~ ~LW ~ ~a~ Xl~a~im of ~ x Owner mailing address: % ~i~ Bi~. ~ers, ~R 727~ P P Name of applicant(s) ifother than owner (state relationship): ~ ~ ~ve L I Applicant mailing address: ~L C A Name oFcontact person (state relationship): V~ N T Contact person daytime phone(s): ~3~747~ Fax: ~7~18 Property address / directions to property.: 205 Northeast Set,ad Street Indicate current use of property: Ccrm~rcial Describe improvements on propertT, including number/type of dwellings and whether occupied (if,one, so state): Fbrtuary - 5,915 sq.ft. WarOrrse - 2000 sq. ft. Approximate number of acres: 1.03 acre Is propert? in a platted subdivision? Yes Is ther<' a current or recent use of the property that is/was a violation o£county ordinance? If so, describe: ~ llave there been any land use applications concerning all or part of this prnperb' in the last vear? If so, indicat,: date, nature and applicant's name: ~ Is a sale subject to this application being granted? Yes Is the subject parcel your total holdings at that location? If not, describe the remaining or intended uses: Yes Describe adjoining land uses / improvements to the North: O. mmercial Pr~fessicrnl Offices South.Cormercial - Residential East: Ccrcmercial West: Cormercial Existing zoning: btJlti-Fanily Future [,and Use classification: Conmrcial Actions Requested: (iix) Rezone (__) Special Exception (__) Variance Parcel Identification Number: R3--15-37-35-0010-01420-0070 Confirmation of Information Accuracy I hereby certify that the information in this application is correct. The information included in this application is for use by ; the City of Okeechobee in processing my request. False or misleading information may be punishable by a fine of up to $500.00 and imprisonment of up to 30 days and may result in the summary denial of this application. ./b~-~:~ .... ? ,~tr'' ~ Robert D. Braun Signatu[¢ .. Printed Name Date Unifo~ Land Use Appli~ffoh {re~. ~10~ Page l of o Current zoning classification: Mxlti-Family Requested zoning classification 'H~avy Ccm~rcial R What is your desired permitted use under the proposed classification: 2he use is intended to remain the sam~ E Z 0 N If granted, ~vill the new zone be contiguous ~vith a like zone? Yes E Is a Special Exception uecessaD, for your intended use? No Variance? No Describe the Special Exception sought: Provide specific LDR ordinance citation: Are there other similar uses in the area? Is so, describe: Why would granting your request be in the best interest of the area and residents? If business, briefly describe nature including number of employees, hours, noise generation and activities to be conducted outside of a building: Describe Variance sought: V A R Describe physical characteristic of property that makes variance necessary: I A N C Did you cause or contribute to the characteristic? Is so, describe: E What is the minimum variance necessary.? Uniform Land Use Application (rev. 1/03) Page 2 of 2 Robert D. Braun and Betty Suzanne Braun Declaration of Trust Dated September 17, 1999 Property Owners Statement of Applicants Interest in Property Robert D. Braun and Betty Suzanne Braun currently own Lots 7 through 12, Block 142, City of Okeechobee according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. The subject property is located at 205 Northeast Second Street. The improvements include a mortuary approximately 5,915 square feet in size and a warehouse approximately 2,000 square feet in size. Mr. And Mrs. Braun are interested in marketing the property and wish to obtain the most appropriate zoning classification for the existing use. The requested change in zoning is consistent with the Unified Development Code and the future land use designation. 1'1 lift WARRAN'I'Y DI~ED..lntlc Ibc 29tit tiny nfJ.ne. 2001 by R()III~IIT I)l liRA { IN and NUZANNE I)R6 IJN. his wife. hcreinnfler cnlle~l Ihe (ir~nlot~ 'll~ nn ~mdivided ~ne-h~lf inleres~ t~ ROI~ERT D. liRAUN I)ECI,A RATION OF TRUST I)ATEI) SI~P'I'I~MIII~R I?. Iqgg and nn .ndividcd one-hell inlercsl 1o SUZANNI~ IIIIAIIN I)I~(]I.ARATtON OF TRUST I)AII~I) SEPII~MIULR 17. I9gg nnd whose ~sl o~ce nddres~ is ~6 Chnmpi~n IJ~.lcvnrd. Ilo~crs, A R 72756 herein n~er cnllcd lhe Grnnlecs. WI'I'NI~SSIUI'II. 'lh~l I1~ (;rn,llor% I~r n~ld in ¢Oll~id~l~ljl~n o[ IJlc snm o[ $ J0.O~ fltld ~lher conveys and co firms onto Ibc (]tmllces nil thnl ce.nih land. sill~alc i. Okcccho~e Counly. Stale of Florida. wil: I.ols 7. R. 9. IO. I I and 12 of Illock 142. OKEECI IOlIF E. accordi.g Io Ihe plal thereof recorded in Plnl SU~JEC F TO re~lriclions, resc~nli~n~ nnd e~:emenls of record. TO(;I{TIIER, wl~h nil the lencmenl~, :eredih. ncnt: and :pp net:nncc~ lhere~o hcMng[ng ~r in anywise np~niniog TO IIAVE AND TO IIOLD, Ihe ;amc in fee Rimplc [orcver. A ND Ibc grnnlo~ hereby covcnnnl wilh said grnnlcc Ih,il Ibc ~rnnlnr~ nrc la,vitally sei~cd oFsaid land in Icc simple; lbat Ibc grnnlom have g~ rigbl and la~ fill mlthorih, Io sell and convey said Innd. arid hereby wnnanl Ibc lille lo snld land and will defend Ibc same against the I~wft,~ claims orall pcr~ons wbams~ver; and ~hat said land is of all encilmhrances, excepl Inxcs accnHng soh~cq.cnt I~ December ~ I, 200~L IN WI~ERS WIII?REOF. the sn (;rn.tnrs bare sighted and sealed Ihcsc prcscnls lhe day and )'ear first above wrillcn. ROIII]IiT D. Prinl Wilncs~ J I , ST^I'I~ 01.' I.'l.I)lHI)^ C()UN l'y ¢)1.' f)KI{ECI IOIII!E I I lea I:.11 ¥ L'EIITIFY Ihnl or1 this dna, he £orr rrle, nq oflifet daly amhr,rized tn ndmini~fet o,qt hR and lake acknowlcdgmenls, per~,onnlly appeared I{Olli!1~: I' I) Ill{Al. IN nod $( IZ,\NNF. IIP, AtlN, his wlf¢ known lo me lo he the r~rsoll~ deseril~d"in nmi ~ho exec~tc, d Ibc , ' , ' , r(irc~nln~ in tritmer~t, who ncknnwlcd~cd he[ore mc Ihnl Ihcv c~¢¢ulcd Ihc some. ( ) S~id ~r~on(<) i~/nrc pcr~onnlly known lo me. ( ) Said pcr~nn(~) provided ll]c rollowin8 lypc of identificalion: ' WI'INESS my hnnd nnd o~cinl seal in Ihe Counly and ~1~1c In~ aforesaid Ihi~ ~ ~ .f .... NO'I'AI~YPI )11 LIC ,. My commission cxplre~: FILED FOR RECORD ~jl, t [,CHr~H~ r~OiiNT y' ~ I 35q869 ~nn~.,,, -fi ~ 9, L.2 sn~,ou ,o~ Isun CLERK O~ CIRCUIT COUR1 Bass Okeec~obee Funeral Home a~d Cremation Services 205 N.E. 2nd Street Okeechobee, Florida 34972 Phone (863) 763-2111 Fax (863) 467-6671 To: City of Okeechobee Re: Rezoning 1, Robert D. Braun, am the record title owner of the property located at 205 NE Second Street and legally described as Lots 7-12, Black 142, City of Okeechobee as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida. I hereby consent to request a change in zoning from the existing classification of Multi- Family to Heavy Commercial. Robert D. Braun Sworn and subscribed this 10th day of September 2003. Notary Public (Susan D. Rucks) ll~;:.,.,~f.',~* EXPIRES: July 28, 2007 II Mycommissionexpires: July28 2007 I! Cc: Bass Okeechobee Funeral Home, and Tom Conway Legal Description of Property Pertaining to Rezone Lots 7 through 12, Block 142, City of Okeechobee, according to the plat thereof as recorded in Plat Book 5, Page 5, Public Records of Okeechobee County, Florida I" Mai, Page I o1'1 http://www, okeechobeepa.com/GIS/F_Map.asp 9/10/2003 Robert D. Braun and Betty Suzanne Braun Declaration of Trust Dated September 17, 1999 Statement of Special Reasons and Basis for Request Thc properly is currcnlly zoned Residential Mulliplc Family (RMF) and lies within the Commercial Corridor future land use classification of the adopted Comprehensive Future Land Use Map. A funeral home currently operates on the property and has for many years. When the property was originally established funeral homes were uses that could be permitted in Residential Multiple Fanfily (RMF) zoning districts with a special exception. The previous owner secured the appropriate zoning and required special exception. With the adoption of the Unified Land Development Code in 1998, the subject property became non-conforming with regard to zoning. Under the current regulations, funeral homes are a permitted use in Heavy Commercial (CHV) zoning districts only. Although, the property may be considered legally non-conforming and continue to operate as a funeral home, the applicants wish to secure the appropriate zoning classification for the existing use to increase the marketability of the property. Robert D. and Betty Suzanne Braun respectfully request that the Land Plmming Agency recommend that the City Council approve the request for a change in zoning from the existing classification of Residential Multiple Family (RMF) to Heavy Commercial (CHV). Robert D. Braun and Betty Suzanne Braun Declaration of Trust Dated September 17, 1999 Statement of Intended Use Thc applicants do not intend to change thc cxisting usc ol~ the property. The sole purpose of the requested change in zoning is to secure a zoning district that will be compatible with the existing use and consistent with the current regulations. Robert D. Braun and Betty Suzanne Braun Declaration of Trust Dated September 17, 1999 Statement Addressing Existing Use of Surrounding Properties The property under consideration is a !.03 acre site, with primary frontage on the north side ofN. E. Second Street. It covers one half of a city block. The property is also bounded by N.E. 3rd Avenue to the east, N.E. 2"~Avenue to the west. The property is rectangular in configuration and is currently zoned Residential Multiple Family (RMF). The property's north boundary line abuts a 15' alley. Just beyond the alley are the dental offices of Drs. Tenniswood and Dr. Davis. To the east of the subject property is David Hester Insurance Agency. To the west is a variety of professional offices. Directly south on N.E. Second Street is a commercial strip center including a florist shop, bridal shop and restaurant. Also south of the subject property are two (2) single-family residences. There should be no adverse impacts to the subject property, to surrounding property or to the general area by granting the requested change in zoning. CITY OF OKEECHOBEE General Services Department 55 S.E. Third Avenue Okeechobee, FL 34974 Phone: (941) 763-3372 Fax: (941) 763-1686 Land Use Power of Attorney Name of Property Owner(s): Robert D. and Betty Suzanne Braun Declaration of Trust Dated September 17, 1999 Mailing Address: 96 Champions Blvd. Rogers, AR 72758 Home Telephone: Work Telephone: 863-763-2111 Property Address: 205 NE Second Street Property I.D. Number: R3-15-37-35-0010-01420-0070 Name of Applicant: Vikki Aaron - agent Home Telephone: 863-467-4768 Work Telephone: 863-634-1124 The Undersigned, being the record title owners of the real property described above, do hereby grant unto the Applicant stated above the full right and power of attorney to make application to the Citj_~ of Okeechobee to change the land use of said property. This land use change may include rezoning of the prooerty, the granting of special exceptions or variances, and appeals of decisions of the Oor~e r al .Services Department. It is understood that conditions, limitations and restrictions may be placed upon the use or operation of the property. Misstatements upon application or in any hearing may result in the termination of any special exception or variance and a proceeding to rezone the property to the original classification. This power of attorney may be terminated only by a written and natariT, ed statement of such termination effective upon receipt by th~ IN WITNESS WHEREOF THE UNDERSIGNED HAVE SET THEIR HANDS AND SEALS THIS 10th DAY OF September 19 2003 Before me the undersigned authority personally appeared the owners named above who upon being duly sworn acknowledged before me that they are the owners of the real property descn'bed above and that they executed the power of attorney for the purposes stated therein. Sworn and subscr~ed this 1.0thday of September 19 2003. fl¢i" ~ "-2a MY COMMISSION # DD 197039 Il Notary Public Commission Expires: July 28, 2007 EI :5 ,"' 3 '9 /"2 i3 E~ 7', 07:20 L18¢_,37~: ' 161 D,,",,'~,"ID HE'?;TEF' 11{ '¥-,E F:',~\,iE 01;' [T~. .... ""=:~} BILL VEACH-ZONING ADMINISTRATOR CITY OF OKEECHOBEE ~u=ject: ROBERT & BETTY BRAUN LOTS 7-8-9-10-I 1-12 BLOCK 142 Dear Mr. Veach, I received notice of the public hearing to consider rezoning the above lots to Heavy Commercial. It is my understanding that the above owners require this zoning in order to install and operate a crematorium. I have no problem with the specific use that they intend. However, I am concerned that once the zoning is changed to Heavy Commercial it will be open for any type of business not in keeping with the present usage of surrounding property, I hope that you will give special consideration to this potential problem. David Hester 10/28/2003 00:11 8633571~-~ DC RANCH PAGE 02 October 28, 2003 Katriina Vimon 55 $.E. Third Avenue Ok~echobee, Fl. Dear Katrim, My name is Michael G. Brown of20g N.E. 2ra Avenue, Okeechobee. (Lot 2, Block 153, Okecchobee, according to plat thereof recorded in Plat Book 5, p~ge 5, Public Records of Okeechobee Cotmty, Florida). ! will not be able lo a~tend the first Public Hearing tonight, so, a~ per our conversa~io~ I am writing my concern in regard to the application proposing to change the current zoning classifi~tion from Residential Multiple Family to Heavy Commercial for Lots 7,t~,9.10,11, aad 12 of Block 142, Okeechobee, according to the plat thereof recorded in Plat Book 5, page 5, public records of Okeec~ County, Florida, for the Board to coy. sider. As a property owner within thre~ hurgired feet of the described property, I would like to ~ the HCV Zoning limited to Funeral Home use. Thank you for yotu consideration in this Sinc~ly, Michel O. Brown · James IL Tenniswood, D.D.S. Mark J. Tenniswood, DaM.D. October 24, 2003 Dear Mr. VeacN I am in receipt of your letter that informs of the potential for a rezoning of Lots 7,8,9,10,11 and Block 12 142 to (C H V). My concern is that CHV includes numerous uses that would not be consistent with the proposed area.. My request would be to changing the area in question to RFM with variances or special exceptions do disallow businesses that would not be appropriate to this professional area. Case in point, I would like for this area to remain with a professional atmosphere. However, I have no objection to the funeral home requesting a crematory. Please call me with any questions and further input on this matter. ~r. l~l,~k~J.~enniswo od 208 Northeast Third St. ° Okeechobee, Florida 34972 ° Telephone (863) 763-3909 lsenba~l 5u!uoze~l lJode~l Xl!ured-!llnlAI ~ IU!o~ommoD :uo!l~oU!ss~ID delAl os fl pue'l ommcI :q~ohI · uo!leuS!sop dcm os fl pueq o~nmcI oql ptre osn Iep~ommo~ Joqlo ~Iq!ssod Jo ~u!ls!xo oql ql!a oIq!ledmo~ oq ii!a leql lo.tJls!p ~umoz ~ o.In~os ol s~ Sumoz u! o§maq~ polsonboa oql jo osodand oq£ '(AHD) Ie!oJommoD ~eOH ol (AIAr'd) XI!meA -.~lln~ le!luop!soH moJj X,uodoJd l~o.fqns oql ~oj i~muoz u! oStreqo e lsonboJ slueo!Idde · ~p.uolcI %unoD ooqoqooo>IO jo spaooo:~ o!iqnd 'g O~Ud 'g ~oofl lUld u[ popaoooa jooaoql mid oql ol ~u[p~ooou ooqoqooo~O '~1 ~OOlfl '~[ q~no~; L slo~ :uo~ld~JasoO lggaq loollS puooos lseoq~oN gOZ :uo[l~aoq loollS puo9oS puo*os lsgoqUoN lsgoqHoN ssoooV g0' [ [0' I o~uoaoV (d~) (AHD) -[~ln~ IU!oaommoD ~uoH Iuguop!so~ ~uIuoz uo!l~uB[sao Iu~o~ommoD lu~o~ommoD o~nln5 ~oqmN [o~luoD 0L00-0Z~ I 0-0100-g g-L g-g I-~ ~odo~d :~oqmnN 89L~-L92-g98 oUO~d l~oHddv · ~o& p~[9 ~N [Sg~ l~o~Iddv uo~v [~[A :l~o[Iddv 8KLZL HV 's~ogoH p~AoInoH su°[dmuqD 96 :sso:PPV ~o~O untoH o~znS XlloH ~ 'O ~oqo~ :~o~O t~I-LO0-£O 'oN uop, p, ed ~,senba~l §u!uoze~l uo~e¥ PPI!A :},ueo!ldd¥ ~ode~l ;;e},s' T- 1 Il [ { ~gVd} le.tluop!so}I / Ie!V/otutuoD :OS;l ptreq [e.to:~otumoD AAraH :;a!:~;s!(I Su!uoZ le.taJotmuoD :uo!~eotj!sselD deIA[ os fl ptmq o.m~nA :qlnoS oo~jO ooue:msui :osfl ptmq Su.tlst. xH Ie!OaotutuoD ;~xeoH :lo!~s!cI Su!uoz Ie!O-~otumoD :uo.t~eo~!sselD deIN os fl pu~q oJn;n~I :;Se~l soo~J~IO l~Ua(I :os fl ptre-I ,(l!tUg~I-!llnlAI lg!luop!so}t :;a!:tls!(] ~u!uoz ~-/.00-;0 'ON uop, P, ed ),senbe~d Bu!uoze~l uo, ey PPI!A :~,ueo!ldd¥ uode~l Staff Report Applicant: Vikki Aaron *Rezoning Request Petition No. 03-007-R West: Future Land Use Map Classification: Commercial Zoning District: Heavy Commercial Existing Land Use: Professional Offices This property is designated Commercial on the Future Land Use map and the existing use of a mortuary is Commercial. The current Residential Multi-Family zoning is not consistent with the Future Land Use designation or the existing use of this property. Heavy Commercial allows a variety of uses which all can be implemented through the site development plan review process. 1. The proposed zoning is not contrary to Comprehensive Plan requirements. The proposed zoning is compatible and consistent with the Comprehensive Plan. 2. The proposed zoning will not have an adverse effect on the public interest. This rezoning will not have an adverse effect on the public interest. 4. The zoning is appropriate for the location proposed is reasonably compatible with adjacent land uses, and is not contrary or detrimental to urbanizing land use patterns. The proposed zoning is compatible with adjacent uses, and there is a commercial use already existing at this site. 5. The proposed use will not adversely affect property values or living conditions, or be a deterrent to the improvement or development of adjacent property. Uses under this zoning will not adversely affect property values of adjacent property. 6. The proposed use can be suitably buffered from surrounding uses, so as to reduce the impact of any nuisance or hazard to the neighborhood Any new commercial uses contemplated for this site can be suitably buffered if needed. {PAGE } ...... ]i i I ...... ll ~ i [ L ~ - - ~L L Staff Report Applicant: Vikki Aaron ' Rezoning Request Petition No. 03-007-R 7. The proposed zoning will not create a density pattern that would overburden public facilities such as schools, streets, and utility services. N/A 8. The proposed use will not create traffic congestion, flooding or drainage problems, or otherwise affect public safety The current use has not created detrimental traffic conditions and it is not believed that other commercial uses would create detrimental traffic conditions. 9. The proposed change will not constitute a grant of special privilege to an individual owner as contrasted with the public welfare. There would be no special privilege granted if this rezoning request is approved. Staff recommends approval of the request to allow rezoning from Residential Multi-Family (RMF) to Heavy Commercial (CHV) based on the above data and analysis. Submitted by: James G. LaRue, AICP Planning Consultant October 21, 2003 {PAGE } November 2003 Sun Mon Tue Wed Thu Fri Sat I 2 3 4 5 6 7 8 6 p.m. City Council 9 10 II 12 13 14 15 Holiday 16 17 18 19 20 21 22 6 p.m. City ~ ~ Council 23 24 25 ./~26 27 28 29 7 p.m. Thanksg±v±ng LPA, PB, BOA i Holiday Holiday 'i December 2003 Sun I~/lon Tuo ~/od Thu Fri Sat 1 2 3 4 5 6 6 p.m. City _~j Council 7 8 9 10 11 12 13 7 p.m. Code Enforcement 14 15 16 17 18 19 20 Cancelled City Council Meeting 21 22 23 24 25 26 27 7p.m. LPA, PB, BOA Christmaa Eve Christmas Day Holiday Holiday 28 29 30 31