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Changing the zoning to CH and the <br />commercial would lessen the extent <br />conformities. Some of the existing <br />warehouse facility, have been in place <br />BOOK 8- P�ivE 7 O- <br />land use designation to <br />of these existing non - <br />uses, such as the mini - <br />for over 10 years. <br />The purpose and intent of the Heavy Commercial District is to <br />provide areas for establishments engaging in wholesale trade, major <br />repair services and restricted light manufacturing activities. In <br />addition, the district permits a variety of commercial uses <br />including: business and commercial services; eating and drinking <br />establishments; furniture and appliance sales; and vehicular sales, <br />service and storage. <br />Staff recognizes that the property in question is not suitable for <br />single-family residential development, due to its location, size, <br />and existing non -conforming uses. Although in the past the staff <br />has opposed extending the commercial land use designation to the <br />west side of Old Dixie Highway, this situation is unique because <br />the small size of the subject property and i£s location with <br />respect to existing non -conforming uses make it unfeasible for <br />single-family residential development. With property across Old <br />Dixie Highway to the east designated as Commercial/Industrial on <br />the county's land use map, and zoned CH, there is additional <br />justification for the request. <br />In reviewing this request, the staff had determined that it would <br />be appropriate to amend the land use map and change the zoning for <br />the entire Block (U), not just the ±0.32 acres requested by the <br />applicant. Subsequently, the Planning and Zoning Commission agreed <br />with staff's determination and recommended that the Board of County <br />Commissioners expand the request to -include all of Block "U". At <br />its transmittal hearing, the board concurred and expanded the <br />request as recommended by the Planning and Zoning Commission and <br />staff. The entire block is ±1.20 acres in size. <br />Consistency with the Comprehensive Plan <br />This land use change and rezoning does require a change to the <br />adopted Future Land_Use Map in the county's Comprehensive Plan.- <br />However, a review of these changes does not reveal any <br />inconsistencies with the Future Land Use Element or other <br />Comprehensive Plan element policies. <br />-Policy 13.3 <br />Probably the most important policy to consider is Future Land Use <br />Policy 13.3. That policy requires that one of three criteria be <br />met in order to approve a land use plan amendment. These criteria <br />are: <br />* an oversight in the approved plan <br />* a mistake -in the approved plan <br />* a substantial change in circumstances affecting the subject <br />property <br />The staff is of the opinion that this land use amendment and <br />rezoning request is warranted based on an oversight which occurred <br />when the county rezoned this property as part of the 1985 county- <br />wide rezoning changes. Prior to 1985, the subject property was <br />zoned C-1, Commercial; in 1985, the county rezoned the property to <br />its current zoning, RS -6, as part of the rezoning of the <br />residential Dixie Heights Subdivision, which is located just west <br />of the property. The comprehensive plan land use designation was <br />then established based on the residential zoning of the site. It <br />is•staff's position that the existing uses on Block "U" were not <br />considered when the residential land use designation was set and <br />that this lack of consideration constituted an oversight in plan <br />preparation. <br />116 <br />