7/7/1998 - Laserfiche WebLink

Home Browse Search

Section 163.3187(1)(c), FS, sets the following criteria for small scale amendments: 1. The proposed amendment involves 10 or fewer acres; 2. The cumulative effect of the acreage for all small scale amendments in the jurisdiction does not exceed 80 acres in a calendar year; 3. The proposed amendment does not involve the same property granted a land use designation change within the prior 12 months; 4. The proposed amendment does not involve the same owner's property within 200 feet of property granted a land use designation change within the prior 12 months; 5. The proposed amendment does not involve a change to the comprehensive plan's text; 6. The subject property is not within an area of critical state concern; and 7. The proposed amendment does not involve increasing residential density above 10 units/acre. Small scale plan amendments are deemed to have fewer impacts than typical plan amendments and are eligible for a streamlined adoption process. In contrast to typical plan amendments which require review and approval by DCA, local governments may adopt small scale plan amendments without review or approval by DCA. In this case, the procedures for reviewing the subject comprehensive plan amendment will be as follows. First, the Planning and Zoning Commission conducts a public hearing to review the request. The Commission has the option to recommend approval or denial of the comprehensive plan amendment request to the Board of County Commissioners. Also, the Planning and Zoning Commission may recommend approval of or deny the rezoning portion of the request. If the rezoning request is denied, only the land use amendment request is forwarded to the Board, unless the denial to rezone is appealed. Following Planning and Zoning Commission action, the Board takes final action to approve or deny the land use amendment and rezoning requests. Besides being exempt from DCA review, small scale amendments are also exempt from the state's statutory limitations on the frequency of adopting comprehensive plan amendments. For example, although the number of typical plan amendments that a local government may consider is not limited, the frequency with which local governments can amend their comprehensive plan is regulated by state law. According to Florida Statutes, typical plan amendments are limited to twice per calendar year. For that reason, the county accepts typical plan amendment applications only during the two `window" months of January and July. All requests submitted during each window month are processed simultaneously. That method ensures that typical plan amendments will be adopted no more than twice per calendar year. State law, however, provides several exceptions to the twice per calendar year limitation. One of those exceptions is for small scale plan amendments. Consequently, a local government may adopt small scale amendments, such as the subject plan amendment, without regard for the twice per calendar year limitation. For that reason, the proposed amendment is exempt from the twice per calendar year adoption limit. - Subject Property 1 Subject Property 1 consists of citrus groves and is zoned CL. Land abutting Subject Property 1's north boundary, also zoned CL, contains a recreational vehicle sales business. A motor lodge is located west of Subject Property 1, across US 1, on CG zoned land. Citrus groves are located on land bordering the subject property on the south and east. Those groves are zoned CG south of the subject property and RM -6 east of the subject property. - Subject Property 2 Subject Property 2 and properties to the north, south and east are zoned RM -6 and consist of citrus groves. Land abutting Subject Property 2 on the west is zoned CG and contains the Hale Indian River Groves papkinghouse, an accessory retail store and a citrus grove. - Subject Property 3 Subject Property 3 and land to the south are zoned CL. The north half of Subject Property 3 consists of a truck parking lot, while the south half contains an accessory building. The abutting property to the south of Subject Property 3 contains one building. That building appears to be a single-family house. West of Subject Property 3, across US 1, land is zoned CG and contains a golf cart business and a single-family house. North of Subject Property 3, land is zoned CG and contains the Hale Indian River Groves packinghouse, an accessory retail store and a citrus grove. East of Subject Property 3, land is zoned RM -6 and consists of citrus groves. JULY 79 1998 1 ,O -Y. >c��-Li� -19-