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Home My WebLink About2003 04 14 Regular J Non Compliant Residential Properties in Future Land Use Map COMMISSION AGENDA April 14, 2003 Meeting Consent Information Public HeariDl! Re2ular X ITEM J MGR. NvfVI /Dept. 1/1/ REQUEST: The Community Development Department - Planning Division requests the City Commission's direction related to the nine (9) remaining parcels zoned "R-1 One-Family Dwelling" located along the north side of State Road 434 (from Sherry to Wade Street) with an underlying Commercial future land use. PURPOSE: The purpose of this Agenda Item is to receive direction from the Commission regarding the nine (9) R-1 Residential properties which are currently not in compliance with the Future Land Use Map. APPLICABLE LAW AND PUBLIC POLICY: COMPREHENSIVE PLAN Future Land Use Policy 1.1.1: ConVeni011J'. In areas where residences can be converted to conunercial uses, the following standards will apply to ensure the protection of established neighborhoods and feasibility of the proposed changes: · The roadways, utilities and access to the property must be adequate to support the proposed change. · A land use amendment will be required for the proposed change. · Adequate parking must be provided for the proposed use of the property, including the standards of the American Disabilities Act. · Appropriate buffering will be required adjacent to existing residences. · The size and color scheme for the structure must be consistent with the character of the neighborhood. · The size, color and lighting of the signage for the proposed use must be consistent with the character of the neighborhood. April 14, 2003 REGULAR AGENDA ITEM J Page 2 Section 166.041 (3)(c), Florida Statutes, contains the requirements for the adoption of City initiated Rezonings. Each property owner is to be notified by mail at least 30 days prior to the date set for the Public Hearing. Sec. 20-57 of the City Code states "The planning and zoning board shall serve. . .to recommend to the City Commission the boundaries of the various original zoning districts. . .and any amendments thereto. . .act on measures affecting the present and future movement of traffic, the segregation of residential and business districts and the convenience and safety of persons and property in any way dependent on city planning and zoning." CONSIDERATIONS: Between Sherry Avenue and Wade Street on the north side ofS.R. 434, there are twenty- five (25) parcels which were formerly 12,000 SF (approximately) residential properties. All twenty-five (25) parcels have with an underlying Land Use designation of "Commercial" as illustrated in the City's current Comprehensive Plan. The City's previous Comprehensive Plan 1990-2010, Future Land Use Map also designated this area as "Commercial" . Out of these properties, seventeen (17) have been Rezoned to "C-l Neighborhood Commercial". Eight (8) parcels remain Zoned as "R-1 One Family Dwelling" Residential and exist as non-compliant Zoning to the Future Land Use Map. The City Attorney has indicated that the law is clear on this issue; Zoning needs to be consistent with the Future Land Use designation; R-1 "Single Family Dwelling" is not consistent with the "Commercial" designation. Based upon an inspection of these properties on foot, none has Commercial activity, and none have Commercial occupational licenses. Although S.R. 434 has developed predominantly as a Commercial area, this particular area of SR 434 has not seen much recent Commercial activity. Of the existing seventeen (17) parcels currently Zoned C-1 "Neighborhood Commercial", only seven (7) are active Commercial properties with current occupational licenses. The remaining parcels appear vacant or used as Residential. Commercial activity is not likely to increase significantly in the near future. Compliance with the code is difficult given the lot size and site parameters. Changing the zoning will not necessitate a change in the current use. Existing residences can remain as non-conforming uses until the market drives a change in the use of the property. April 14, 2003 REGULAR AGENDA ITEM J Page 3 Buffer walls would not be required until the property changed into Commercial use. At that time, an application would be made to the City for an Occupational License and a site plan would be submitted. The site plan would indicate how the site would be brought into compliance with existing code requirements including parking, handicap access, signage, buffer wall, etc. Properties already in Commercial use prior to May 8, 2000, are not required to be compliant with the wall ordinance as long as the existing business continues as is. FINDINGS: The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. Considering the type and location of uses involved and the general character of the area, the request would not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important. ST AFF RECOMMENDATION: Staff recommends that the City Commission direct Staff to proceed with the Administrative Rezoning of the nine (9) parcels located along the north side of State Road 434 (from Sherry to Wade Street) from "R-l One-Family Dwelling" to C-1 Neighborhood Commercial". Staff recommends that the Wall Ordinance not be imposed upon properties which are administratively Rezoned Commercial but rather be implemented through the site plan approval process. COMMISSION ACTION: