DATE PREPARED: May 20, 2015 AGENDA ITEM PREPARED BY: Marisa M. Barmby, AICP, Senior Planner Central Florida Regional Planning Council AGENDA DATE: June 1, 2015 and June 8, 2015 REQUESTED ACTION: Two Separate Public Hearings relating to the Eighth Avenue S./Orange Place Enclave Annexation 1. Ordinance 2015-10: An ordinance of the City of Wauchula, Florida; providing for an amendment to the Future Land Use Map of the Comprehensive Plan of the City of Wauchula, Florida, specifically changing the future land use classification from Hardee County Town Center to City of Wauchula Commercial (COM) for those parcels of land identified in Exhibit A hereof, also known as the Eighth Avenue S./Orange Place Property; providing for severability; providing for conflicts; providing an effective date. BACKGROUND: 2. Ordinance 2015-11: An ordinance of the City of Wauchula, Florida; providing for an amendment to the Official Zoning Map of the City of Wauchula, Florida, specifically changing the zoning classification from Hardee County Farm Residential F-R to City of Wauchula General Commercial C-1 for those parcels of land identified in Exhibit A hereof, also known as the Eighth Avenue S./Orange Place Property; providing for severability; providing for conflicts; providing an effective date. Through an Interlocal Agreement with Hardee County to eliminate enclaves within the City limits, the City of Wauchula (applicant) is in the process of annexing approximately 2.08± acres of land (8 parcels) and the right-of-way of Eighth Avenue S. and Orange Place located on east and west sides of Eighth Avenue South between Orange Place and Carlton Street. The applicant requests to have a Future Land Use of Commercial (COM) and a zoning of General Commercial (C-1) on the property to provide consistency with the surrounding area while reflecting the majority of the uses that exist on the property. This agenda report includes an analysis of both requests, which are related. Each request requires its own individual public hearing, motion, and vote by the Planning and Zoning Board. This process is outlined in the Motion Options portion of this report. Page 1 of 4 AGENDA ITEM Eighth Street Future Land Use and Zoning June 1, 2015
FUTURE LAND USE REQUEST The applicant requests a Future Land Use Map amendment from Hardee County Town Center to a City Future Land Use designation of Commercial (COM). The Future Land Use Element of the Comprehensive Plan of the City of Wauchula includes the following description for the Commercial classification: Policy 1.6(e): Medium Density Residential. This category permits Single Family Residential, Low Density Residential, retail activity, wholesaling, light manufacturing and offices. The land development regulations shall ensure that these establishments are compatible with surrounding uses. The floor area ratio in the Commercial category shall not exceed 3.0. ZONING REQUEST The applicant requests a Zoning Map amendment from Hardee County Farm Residential (F-R) to a City Zoning designation of General Commercial (C-1). The Land Development Regulations of the City of Wauchula includes the following description for the purpose of the C- 1 classification: 2.02.02.10(B): To locate and establish areas within the City of Wauchula which are deemed suited for the development and maintenance of general retail, business, and personal service uses intended to serve the daily shopping and business needs of community residents; to designate those uses and services deemed appropriate for location and development within said zoning district; and to establish such development standards and provisions as are necessary to ensure proper development and functioning of uses within the district. Low density single and multi-family residential uses interspersed with the commercial uses are allowed. PROPERTY INFORMATION The eight parcels are located along the east and west sides of Eighth Avenue South between Carlton St and Orange Place (Attached Aerial Photo Aerial Map). According to the Property Appraiser s DOR Property Classifications, three of the parcels include single family residential homes, 1 of the properties has a mobile home, three of the properties are vacant residential, and 1 of the properties is citrus. All the properties surrounding this property are in Wauchula. Page 2 of 4 AGENDA ITEM Eighth Street Future Land Use and Zoning June 1, 2015
Northwest: FLU: COM Zoning: C-1 Use: Day Care Center West: FLU: COM Zoning: C-1 Use: Professional Buildings, Multi-Family Southwest: FLU: COM Zoning: C-1 Use: Medical, Homes for the Aged North: FLU: COM Zoning: C-1 Use: Vacant Commercial Subject Property: Current FLU: County TC Requested FLU: City COM Current Zoning: County F-R Requested Zoning: C-1 Uses: SF Res, Mobile Home, Vacant, Citrus South: FLU: Commercial & MDR Zoning: C-2 and R-3 Use: Medical, Homes for the Aged and Citrus Northeast: FLU: COM Zoning: C-1 Use: Single Family Residential East: FLU: Commercial & MDR Zoning: C-2 and R-4 Use: Multi-Family and Mobile Home Subdivision Southeast: FLU: MDR Zoning: R-4 Use: Mobile Home Subdivision REASON FOR REQUEST: The annexation of the property reduces an existing enclave. The requested Future Land Use and zoning recognize the existing use of the property. ANALYSIS: The Future Land Use amendment is consistent with the City of Wauchula Comprehensive Plan and the zoning amendment is consistent with the Future Land Use Amendment. The change in Future Land Use and Zoning for the property work to provide consistency with the surrounding area while respecting the existing uses on the property. The C-1 zoning district permits single-family residential units. The citrus grove and mobile home are both nonconforming uses that are allowed to continue as long as the use exists. PUBLIC FACILITIES AND SERVICES ANALYSIS: Four of the parcels in the property are developed and are receiving public facilities and services. For the three vacant parcels and the one citrus parcel, the City of Wauchula has sufficient capacity in the following systems to address future development of these locations. Potable Water Sanitary Sewer Solid Waste Traffic/Transportation Recreation Environmental Impacts School Impacts PLANNING AND ZONING BOARD ACTION: Page 3 of 4 AGENDA ITEM Eighth Street Future Land Use and Zoning June 1, 2015
At their May 18, 2015 meeting, the Planning and Zoning Board voted to recommend approval of the proposed Future Land Use and Zoning amendments to the Town Commission. PUBLIC HEARING 1: FUTURE LAND USE MOTION OPTIONS: 1. I move approval of Ordinance 2015-10 for a change in Future Land Use from an unincorporated Hardee County Future Land Use designation of Hardee County Town Center to City of Wauchula Commercial (COM) for approximately 2.08 acres (eight parcels) located on the east and west sides of Eighth Avenue South between Orange Place and Carlton Street, upon annexation. 2. I move denial of Ordinance 2015-10 for a change in Future Land Use from an unincorporated Hardee County Future Land Use designation of Hardee County Town Center to City of Wauchula Commercial (COM) for approximately 2.08 acres (eight parcels) located on the east and west sides of Eighth Avenue South between Orange Place and Carlton Street, upon annexation. 3. I move continuation of this item until a date certain. PUBLIC HEARING 2: ZONING MOTION OPTIONS: 1. I move approval of Ordinance 2015-11 for a change in Zoning classification from Hardee County Farm Residential (F-R) to City of Wauchula General Commercial (C-1) for approximately 2.08 acres (eight parcels) located on the east and west sides of Eighth Avenue South between Orange Place and Carlton Street, upon annexation 2. I move denial of Ordinance 2015-11 for a change in Zoning classification from Hardee County Farm Residential (F-R) to City of Wauchula General Commercial (C-1) for approximately 2.08 acres (eight parcels) located on the east and west sides of Eighth Avenue South between Orange Place and Carlton Street, upon annexation 3. I move continuation of this item until a date certain. Attachments: Aerial Map Existing Future Land Use Map Proposed Future Land Use Map Existing Zoning Map Proposed Zoning Map Draft Ordinance 2015-10 Draft Ordinance 2015-11 Application Page 4 of 4 AGENDA ITEM Eighth Street Future Land Use and Zoning June 1, 2015
HUSS RD DOWNING CIR 7TH AVE, S. MAKOWSKI RD 6TH AVE, S. CITY OF WAUCHULA AERIAL PHOTO MAP Parcel 1: 09-34-25-0831-0000C-0006 Owner: Judah Miles & Suzzane Area: 0.22 Acres Parcel 2: 09-34-25-0831-0000C-0005 Owner: Vallejo Jose Luis & Margarita Area: 0.24 Acres EDDY ST 9TH AVE, S. LANE ST SEMINOLE ST Parcel 3: 09-34-25-0831-0000C-0012 Owner: Garza Josephine and Guerrero Raymond Area: 0.26 Acres Parcel 4: 09-34-25-0831-0000C-0017 Owner: Garza Josephine and Guerrero Raymond Area: 0.12 Acres Parcel 5: 09-34-25-0831-0000C-0019 Owner: Delatorre Gary Area: 0.24 Acres 9TH AVE, S. 1 6 CARLTON ST GRAPEFRUIT ST 17 Parcel 6: 09-34-25-0831-0000D-0001 Owner: Corpus Librada Area: 0.27 Acres 2 8TH AVE, S. 7 Parcel 7: 09-34-25-0831-0000D-0005 Owner: Gilman Hege-Desiree Area: 0.51 Acres 3 4 N/A Parcel 8: 09-34-25-0831-0000D-0013 Owner: Long Sammie Area: 0.22 Acres 10TH AVE, S. 9TH AVE, S. ORANGE PL 5 8 DOWNING CIR SIMS RD N/A GROVE ST DOWNING CIR. Legend 0 500 250 Feet Wauchula City Boundary Subject Parcels Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Document Path: D:\Projects\Hardee\Wauchula\Maps2015\EighthAve_AER_050115.mxd
HUSS RD DOWNING CIR MAKOWSKI RD 6TH AVE, S. CITY OF WAUCHULA EXISTING FUTURE LAND USE MAP Existing Future Land Use: County Town Center Parcel 1: 09-34-25-0831-0000C-0006 Owner: Judah Miles & Suzzane Area: 0.22 Acres 9TH AVE, S. LANE ST Parcel 2: 09-34-25-0831-0000C-0005 Owner: Vallejo Jose Luis & Margarita Area: 0.24 Acres EDDY ST SEMINOLE ST 7TH AVE, S. Parcel 3: 09-34-25-0831-0000C-0012 Owner: Garza Josephine and Guerrero Raymond Area: 0.26 Acres GRAPEFRUIT ST Parcel 4: 09-34-25-0831-0000C-0017 Owner: Garza Josephine and Guerrero Raymond Area: 0.12 Acres Parcel 5: 09-34-25-0831-0000C-0019 Owner: Delatorre Gary Area: 0.24 Acres Parcel 6: 09-34-25-0831-0000D-0001 Owner: Corpus Librada Area: 0.27 Acres 9TH AVE, S. 1 2 3 8TH AVE, S. 6 7 CARLTON ST 17 Parcel 7: 09-34-25-0831-0000D-0005 Owner: Gilman Hege-Desiree Area: 0.51 Acres Parcel 8: 09-34-25-0831-0000D-0013 Owner: Long Sammie Area: 0.22 Acres Owner: Long Sammie Area: 0.22 Acres 10TH AVE, S. 9TH AVE, S. ORANGE PL 4 5 8 N/A DOWNING CIR Legend Wauchula City Boundary Subject Parcels Wauchula Future Land Use Agriculture SIMS RD Single Family Residential Low Density Residential N/A DOWNING CIR Medium Density Residential Commercial GROVE ST. 0 250 500 Feet Industrial Public/Semi-Public Recreation Conservation Unassigned Document Path: D:\Projects\Hardee\Wauchula\Maps2015\EighthAve_FLUe_050115.mxd
HUSS RD DOWNING CIR MAKOWSKI RD 6TH AVE, S. CITY OF WAUCHULA PROPOSED FUTURE LAND USE MAP Existing Future Land Use: County Town Center Proposed Future Land Use: City Commercial 9TH AVE, S. Parcel 1: 09-34-25-0831-0000C-0006 Owner: Judah Miles & Suzzane Area: 0.22 Acres EDDY ST Parcel 2: 09-34-25-0831-0000C-0005 Owner: Vallejo Jose Luis & Margarita Area: 0.24 Acres LANE ST SEMINOLE ST 7TH AVE, S. Parcel 3: 09-34-25-0831-0000C-0012 Owner: Garza Josephine and Guerrero Raymond Area: 0.26 Acres GRAPEFRUIT ST Parcel 4: 09-34-25-0831-0000C-0017 Owner: Garza Josephine and Guerrero Raymond Area: 0.12 Acres Parcel 5: 09-34-25-0831-0000C-0019 Owner: Delatorre Gary Area: 0.24 Acres Parcel 6: 09-34-25-0831-0000D-0001 Owner: Corpus Librada Area: 0.27 Acres Parcel 7: 09-34-25-0831-0000D-0005 Owner: Gilman Hege-Desiree Area: 0.51 Acres Parcel 8: 09-34-25-0831-0000D-0013 Owner: Long Sammie Area: 0.22 Acres 10TH AVE, S. 9TH AVE, S. 9TH AVE, S. ORANGE PL 1 2 3 4 5 8TH AVE, S. 6 7 CARLTON ST 8 N/A DOWNING CIR Legend 17 Wauchula City Boundary Subject Parcels Wauchula Future Land Use SIMS RD Agriculture Single Family Residential Low Density Residential N/A DOWNING CIR Medium Density Residential Commercial GROVE ST. 0 250 500 Feet Industrial Public/Semi-Public Recreation Conservation Unassigned Document Path: D:\Projects\Hardee\Wauchula\Maps2015\EighthAve_FLUp_050115.mxd
HUSS RD DOWNING CIR MAKOWSKI RD 6TH AVE, S. CITY OF WAUCHULA EXISTING ZONING MAP Existing Zoning: County F-R (Farm-Residential) 9TH AVE, S. Parcel 1: 09-34-25-0831-0000C-0006 Owner: Judah Miles & Suzzane Area: 0.22 Acres EDDY ST Parcel 2: 09-34-25-0831-0000C-0005 Owner: Vallejo Jose Luis & Margarita Area: 0.24 Acres LANE ST SEMINOLE ST 7TH AVE, S. Parcel 3: 09-34-25-0831-0000C-0012 Owner: Garza Josephine and Guerrero Raymond Area: 0.26 Acres GRAPEFRUIT ST Parcel 4: 09-34-25-0831-0000C-0017 Owner: Garza Josephine and Guerrero Raymond Area: 0.12 Acres 9TH AVE, S. 8TH AVE, S. CARLTON ST 17 Parcel 5: 09-34-25-0831-0000C-0019 Owner: Delatorre Gary Area: 0.24 Acres 1 2 6 Parcel 6: 09-34-25-0831-0000D-0001 Owner: Corpus Librada Area: 0.27 Acres Parcel 7: 09-34-25-0831-0000D-0005 Owner: Gilman Hege-Desiree Area: 0.51 Acres Parcel 8: 09-34-25-0831-0000D-0013 Owner: Long Sammie Area: 0.22 Acres 10TH AVE, S. 9TH AVE, S. ORANGE PL 3 4 5 7 8 N/A DOWNING CIR Legend Wauchula City Boundary Subject Parcels Wauchula Zoning AG - Agriculture FR - Farm Residential R-1A - Single Family Residential R-1 - Single Family Residential R-2 - Single Family Residential/Duplexes SIMS RD R-3 - Multi-Family Residential R-4 - Manufactured (Mobile) Home Park P-1 - Professional/Neighborhood Commercial N/A HC-1 - Historic Downtown Commercial C-1 - Commercial GROVE ST DOWNING CIR. 0 250 500 Feet C-2 - Highway Commercial/Light Manufacturing I - Industrial P-SP - Public/Semi-Public CON - Conservation Unassigned Document Path: D:\Projects\Hardee\Wauchula\Maps2015\EighthAve_ZONe_050115.mxd
HUSS RD DOWNING CIR MAKOWSKI RD 6TH AVE, S. CITY OF WAUCHULA PROPOSED ZONING MAP Existing Zoning: County F-R (Farm-Residential) Proposed Zoning: City C-1 (Commercial) 9TH AVE, S. Parcel 1: 09-34-25-0831-0000C-0006 Owner: Judah Miles & Suzzane Area: 0.22 Acres EDDY ST Parcel 2: 09-34-25-0831-0000C-0005 Owner: Vallejo Jose Luis & Margarita Area: 0.24 Acres LANE ST SEMINOLE ST 7TH AVE, S. Parcel 3: 09-34-25-0831-0000C-0012 Owner: Garza Josephine and Guerrero Raymond Area: 0.26 Acres GRAPEFRUIT ST Parcel 4: 09-34-25-0831-0000C-0017 Owner: Garza Josephine and Guerrero Raymond Area: 0.12 Acres Parcel 5: 09-34-25-0831-0000C-0019 Owner: Delatorre Gary Area: 0.24 Acres Parcel 6: 09-34-25-0831-0000D-0001 Owner: Corpus Librada Area: 0.27 Acres Parcel 7: 09-34-25-0831-0000D-0005 Owner: Gilman Hege-Desiree Area: 0.51 Acres Parcel 8: 09-34-25-0831-0000D-0013 Owner: Long Sammie Area: 0.22 Acres 10TH AVE, S. 9TH AVE, S. 9TH AVE, S. ORANGE PL 1 2 3 4 5 8TH AVE, S. 6 7 CARLTON ST 8 N/A DOWNING CIR Legend Wauchula City Boundary Subject Parcels Wauchula Zoning AG - Agriculture FR - Farm Residential R-1A - Single Family Residential R-1 - Single Family Residential 17 R-2 - Single Family Residential/Duplexes SIMS RD R-3 - Multi-Family Residential R-4 - Manufactured (Mobile) Home Park P-1 - Professional/Neighborhood Commercial N/A DOWNING CIR HC-1 - Historic Downtown Commercial C-1 - Commercial GROVE ST. 0 250 500 Feet C-2 - Highway Commercial/Light Manufacturing I - Industrial P-SP - Public/Semi-Public CON - Conservation Unassigned Document Path: D:\Projects\Hardee\Wauchula\Maps2015\EighthAve_ZONp_050115.mxd
Ordinance 2015-10 Page 1 of 10 ORDINANCE NO. 2015-10 AN ORDINANCE OF THE CITY OF WAUCHULA, FLORIDA; PROVIDING FOR AN AMENDMENT TO THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN OF THE CITY OF WAUCHULA, FLORIDA, SPECIFICALLY CHANGING THE FUTURE LAND USE CLASSIFICATION FROM HARDEE COUNTY TOWN CENTER TO CITY OF WAUCHULA COMMERCIAL (COM) FOR THOSE PARCELS OF LAND IDENTIFIED IN EXHIBIT A HEREOF, ALSO KNOWN AS THE EIGHTH AVENUE S./ORANGE PLACE PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Sections 163,3161 through 163.3215, Florida Statutes, the Local Government Comprehensive Planning and Land Development Regulation Act, empowers and mandates the City of Wauchula, Florida, (the "City") to plan for future development and growth and to adopt and amend comprehensive plans, or elements or portions thereof, to guide the future growth and development of the City; and WHEREAS, the City Commission (the "Commission") of the City has determined that it is in the best interest of the public health, safety, and general welfare of the residents of the City to amend the Comprehensive Plan (the "Plan") consistent with the requirements of Section 163.3184; and WHEREAS, in exercise of its authority the Commission has determined it necessary to adopt this amendment to the Plan, which is attached hereto as Exhibit "A" and by this reference made a part hereof, to ensure that the Plan is in full compliance with the laws of the State of Florida; and WHEREAS, pursuant to Section 163.3184, Florida Statutes, the
Ordinance 2015-10 Page 2 of 10 Commission held a meeting and hearing on this amendment, with due public notice having been provided, to obtain public comment, and considered all written and oral comments received during public hearings, including support documents. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF WAUCHULA, FLORIDA, AS FOLLOWS: Section 1. Amendment to the Future Land Use Map. The City hereby changes the future land use classification applicable to the land described in Exhibit A attached to and incorporated in this Ordinance from Hardee County Town Center to City of Wauchula Commercial. Section 2. Findings. In adopting this Ordinance, the City Commission of Wauchula (the City Commission ) hereby makes and expresses the following findings, purposes, and intent: (1) Chapter 163, Florida Statutes, empowers the City Commission of the City of Wauchula, Florida, to prepare and adopt a City Comprehensive Plan. (2) The City Commission did adopt the Comprehensive Plan, which contains a Future Land Use Map. (3) The Wauchula Planning and Zoning Board, at an advertised public hearing has reviewed, heard public input, and recommended that the City Commission amend the Future Land Use Map. (4) A staff report, prepared by Central Florida Regional Planning Council through their Planning Advisory Services contract with the City, which supports this
Ordinance 2015-10 Page 3 of 10 Comprehensive Plan Future Land Use Map amendment is attached to and incorporated in this Ordinance as Exhibit B. (5) The City Commission, pursuant to Sections 166.041(3)(c) and 163.3184, Florida Statutes, considered all oral and written comments received during advertised public hearings, the recommendations of the Wauchula Planning and Zoning Board. (6) In exercise of its authority, the City Commission has determined it necessary and desirable to amend the Future Land Use Map consistent with the public interest within Wauchula, Florida Section 3. 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 effect. Section 4. Repeal of Ordinances in Conflict. All other ordinances which conflict with this or any part of this Ordinance are hereby repealed. Section 5. Effective Date. The ordinance shall take effect as provided for in 163.3187(5)(c), Florida Statutes.
Ordinance 2015-10 Page 4 of 10 INTRODUCED AND PASSED on first reading in regular session of the City Commission of the City of Wauchula, the 8th day of June, 2015. PASSED on second and final reading by the City Commission of the City of Wauchula, Florida, at regular session this day of, 2015. This ordinance was moved for adoption by Commissioner. The motion was seconded by Commissioner, and upon being put to a vote, the vote was as follows: Commissioner Neda Cobb insert yes or no Commissioner Russell Graylin Smith insert yes or no Commissioner Keith Nadaskay, Jr insert yes or no Commissioner Kenneth Lambert insert yes or no Commissioner Gary Smith insert yes or no Commissioner Sherri Albritton insert yes or no Commissioner Dr. Peter Preston insert yes or no (SEAL) ATTEST: APPROVED: Holly Smith, City Clerk Richard Keith Nadaskay, Jr., Mayor APPROVED AS TO FORM AND LEGALITY: Thomas A. Cloud, City Attorney
Ordinance 2015-10 Page 5 of 10 EXHIBIT A : LEGAL DESCRIPTION AND MAP Page 1 of 3 LOTS 19, 20, 21, AND 22 INC BLOCK C MOONLIGHT PARK SUBDIVISION 09 34S 25E PARCEL ID NUMBER: 09-34-25-0831-0000C-0019 AKA 8TH AVE S, WAUCHULA, FLORIDA 33873 AND ALL OF LOTS 17 AND 18, BLOCK C, MOONLIGHT PARK SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 9, PUBLIC RECORDS OF HARDEE COUNTY, FLORIDA. PARCEL ID NUMBER: 09-34-25-0831-0000C-0017 AKA 8TH AVE S, WAUCHULA, FLORIDA 33873 AND THE SOUTH 10 FEET OF LOT 12 AND ALL OF LOTS 13, 14, 15 AND 16, BLOCK C, MOONLIGHT PARK SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 9, PUBLIC RECORDS OF HARDEE COUNTY, FLORIDA PARCEL ID NUMBER: 09-34-25-0831-0000C-0012 AKA 1010 8TH AVE S, WAUCHULA, FLORIDA 33873 AND S 10 FT OF LOTS 5 TO 8 INC & LOTS 9, 10, AND 11 & LOT 12 LESS S 10 FT THEREOF BLOCK C MOONLIGHT PARK SUBDIVISION 09 34S 25E PARCEL ID NUMBER: 09-34-25-0831-0000C-0005 AKA 1008 8TH AVE S WAUCHULA, FLORIDA 33873 AND N 110 FT OF LOTS 5 TO 8 INC BLOCK C MOONLIGHT PARK SUBDIVISION 09 34S 25E PARCEL ID NUMBER: 09-34-25-0831-0000C-0006 CARLTON ST WAUCHULA, FLORIDA 33873 AND S 10 FT LOT 16 & LOTS 17, 18 BLOCK D MOONLIGHT PARK SUBDIVISION 09 34S 25E PARCEL ID NUMBER: 09-34-25-0831-0000D-0013 AKA 8TH AVENUE WAUCHULA, FLORIDA 33873
Ordinance 2015-10 Page 6 of 10 EXHIBIT A : LEGAL DESCRIPTION AND MAP Page 2 of 3 AND LOTS 5 TO 12 INC BLOCK D MOONLIGHT PARK SUBDIVISION 09 34S 25E PARCEL ID NUMBER: 09-34-25-0831-0000D-0005 AKA 1015 8TH AVE S WAUCHULA, FLORIDA 33873 AND LOTS 1 TO 4, BLOCK D, OF MOONLIGHT PARK SUBDIVISION, A SUBDIVISION IN SECTION 9, TOWNSHIP 34 SOUTH, RANGE 25 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 9, OF THE PUBLIC RECORDS OF HARDEE COUNTY, FLORIDA. PARCEL ID NUMBER: 09-34-25-0831-0000D-0001 AKA 311 CARLTON ST S WAUCHULA, FLORIDA 33873
Ordinance 2015-10 Page 7 of 10 EXHIBIT A : LEGAL DESCRIPTION AND MAP Page 3 of 3
Ordinance 2015-10 Page 8 of 10 EXHIBIT "B": STAFF REPORT Page 1 of 3 BACKGROUND: Through an Interlocal Agreement with Hardee County to eliminate enclaves within the City limits, the City of Wauchula (applicant) is in the process of annexing approximately 2.08± acres of land (8 parcels) and the right-of-way of Eighth Avenue S. and Orange Place located on east and west sides of Eighth Avenue South between Orange Place and Carlton Street. The applicant requests to have a Future Land Use of Commercial (COM) and a zoning of General Commercial (C-1) on the property to provide consistency with the surrounding area while reflecting the majority of the uses that exist on the property. This agenda report includes an analysis of both requests, which are related. Each request requires its own individual public hearing, motion, and vote by the Planning and Zoning Board. This process is outlined in the Motion Options portion of this report. FUTURE LAND USE REQUEST The applicant requests a Future Land Use Map amendment from Hardee County Town Center to a City Future Land Use designation of Commercial (COM). The Future Land Use Element of the Comprehensive Plan of the City of Wauchula includes the following description for the Commercial classification: Policy 1.6(e): Medium Density Residential. This category permits Single Family Residential, Low Density Residential, retail activity, wholesaling, light manufacturing and offices. The land development regulations shall ensure that these establishments are compatible with surrounding uses. The floor area ratio in the Commercial category shall not exceed 3.0. ZONING REQUEST The applicant requests a Zoning Map amendment from Hardee County Farm Residential (F-R) to a City Zoning designation of General Commercial (C-1). The Land Development Regulations of the City of Wauchula includes the following description for the purpose of the C-1 classification: 2.02.02.10(B): To locate and establish areas within the City of Wauchula which are deemed suited for the development and maintenance of general retail, business, and personal service uses intended to serve the daily shopping and business needs of community residents; to designate those uses and services deemed appropriate for location and development within said zoning district; and to establish such development standards and provisions as are necessary to ensure proper development and functioning of uses within the district. Low density single and multi-family residential uses interspersed with the commercial uses are allowed.
Ordinance 2015-10 Page 9 of 10 EXHIBIT "B": STAFF REPORT Page 2 of 3 PROPERTY INFORMATION The eight parcels are located along the east and west sides of Eighth Avenue South between Carlton St and Orange Place (Attached Aerial Photo Aerial Map). According to the Property Appraiser s DOR Property Classifications, three of the parcels include single family residential homes, 1 of the properties has a mobile home, three of the properties are vacant residential, and 1 of the properties is citrus. All the properties surrounding this property are in Wauchula. Northwest: FLU: COM Zoning: C-1 Use: Day Care Center West: FLU: COM Zoning: C-1 Use: Professional Buildings, Multi-Family Southwest: FLU: COM Zoning: C-1 Use: Medical, Homes for the Aged North: FLU: COM Zoning: C-1 Use: Vacant Commercial Subject Property: Current FLU: County TC Requested FLU: City COM Current Zoning: County F-R Requested Zoning: C-1 Uses: SF Res, Mobile Home, Vacant, Citrus South: FLU: Commercial & MDR Zoning: C-2 and R-3 Use: Medical, Homes for the Aged and Citrus Northeast: FLU: COM Zoning: C-1 Use: Single Family Residential East: FLU: Commercial & MDR Zoning: C-2 and R-4 Use: Multi-Family and Mobile Home Subdivision Southeast: FLU: MDR Zoning: R-4 Use: Mobile Home Subdivision REASON FOR REQUEST: The annexation of the property reduces an existing enclave. The requested Future Land Use and zoning recognize the existing use of the property. ANALYSIS: The Future Land Use amendment is consistent with the City of Wauchula Comprehensive Plan and the zoning amendment is consistent with the Future Land Use Amendment. The change in Future Land Use and Zoning for the property work to provide consistency with the surrounding area while respecting the existing uses on the property. The C-1 zoning district permits single-family residential units. The citrus grove and mobile home are both nonconforming uses that are allowed to continue as long as the use exists.
Ordinance 2015-10 Page 10 of 10 EXHIBIT "B": STAFF REPORT Page 3 of 3 PUBLIC FACILITIES AND SERVICES ANALYSIS: Four of the parcels in the property are developed and are receiving public facilities and services. For the three vacant parcels and the one citrus parcel, the City of Wauchula has sufficient capacity in the following systems to address future development of these locations. Potable Water Sanitary Sewer Solid Waste Traffic/Transportation Recreation Environmental Impacts School Impacts PLANNING AND ZONING BOARD RECOMMENDATION: At their May 18, 2015 meeting, the Planning and Zoning Board voted to recommend approval to the Town Commission of the Future Land Use Map amendment from Hardee County Town Center to a City Future Land Use designation of Commercial (COM).
ORDINANCE NO. 2015-11 AN ORDINANCE OF THE CITY OF WAUCHULA, FLORIDA; PROVIDING FOR AN AMENDMENT TO THE OFFICIAL ZONING MAP OF THE CITY OF WAUCHULA, FLORIDA, SPECIFICALLY CHANGING THE ZONING CLASSIFICATION FROM HARDEE COUNTY FARM RESIDENTIAL F-R TO CITY OF WAUCHULA GENERAL COMMERCIAL C-1 FOR THOSE PARCELS OF LAND IDENTIFIED IN EXHIBIT A HEREOF, ALSO KNOWN AS THE EIGHTH AVENUE S./ORANGE PLACE PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Wauchula, Florida City, requests that the zoning of hereinafter described lands now being annexed into the corporate boundaries of the City of Wauchula (the City ), be changed from Hardee County Farm Residential F-R to City of Wauchula General Commercial C-1 ; and WHEREAS, the property constitutes less than five percent (5%) of the municipally zoned area of the City; and WHEREAS, the zoning change requested by the applicant is consistent with the Future Land Use Element of the Wauchula Comprehensive Plan; and WHEREAS, after being duly noticed pursuant to Section 8.06.00, Unified Land Development Code (the ULDC ), the Planning and Zoning Board (the Board ) held a public hearing on, and in recommending in favor of the proposed zoning, found that the proposed zoning is consistent with the City s Comprehensive Plan (the Plan ), that the proposed zoning will not degrade the levels of commitments to make improvements to maintain the levels of service established by the Plan and does not increase the costs of improvements to be undertaken by the City in the Capital Improvements Element of the Plan, and that the proposed re-zoning and all permitted uses is compatible with
Ordinance 2015-11 Page 2 of 7 development of surrounding land, and that the proposed re-zoning provides for appropriate use of the land; and WHEREAS, the City Commission (the Commission ) of the City of Wauchula held meetings and hearings regarding the parcel shown on Exhibit A, with due public notice having been provided, to obtain public comment, and considered all written and oral comments received during public hearings, including supporting documents; and WHEREAS, in the exercise of its authority, the Commission has determined that it is in the best interest of the public health, safety, and general welfare of the City and its residents that the zoning classification of the subject land be changed from Hardee County Farm Residential F-R to City of Wauchula General Commercial C-1. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE OF WAUCHULA, FLORIDA, THAT: SECTION 1. RECITALS. The provisions set forth in the recitals to this Ordinance (whereas clauses) are hereby adopted by the Commission as the legislative findings and intent pertaining to this Ordinance. SECTION 2. REZONING. The City hereby changes the zoning classification on the official Zoning Map applicable to the land described in Exhibit A attached to and incorporated in this Ordinance from Hardee County Farm Residential F-R to City of Wauchula General Commercial C-1. 2
Ordinance 2015-11 Page 3 of 7 SECTION 3. SEVERABILITY. If any provision of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such provision and such holding shall not affect the validity of any other provision, and to that end the provisions of this ordinance are hereby declared severable. SECTION 4. CONFLICTS. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5. EFFECTIVE DATE. This ordinance shall take effect pursuant to general law and coincide with the effective date of the companion Future Land Use amendment Ordinance 2015-10. 3
Ordinance 2015-11 Page 4 of 7 INTRODUCED AND PASSED on first reading in regular session of the City Commission of the City of Wauchula, the 8th day of June, 2015. PASSED on second and final reading by the City Commission of the City of Wauchula, Florida, at regular session this day of, 2015. This ordinance was moved for adoption by Commissioner. The motion was seconded by Commissioner, and upon being put to a vote, the vote was as follows: Commissioner Neda Cobb insert yes or no Commissioner Russell Graylin Smith insert yes or no Commissioner Keith Nadaskay, Jr insert yes or no Commissioner Kenneth Lambert insert yes or no Commissioner Gary Smith insert yes or no Commissioner Sherri Albritton insert yes or no Commissioner Dr. Peter Preston insert yes or no (SEAL) ATTEST: Holly D. Smith, City Clerk CITY OF WAUCHULA, FLORIDA By: Richard Keith Nadaskay, Jr., Mayor APPROVED AS TO FORM AND LEGALITY: Thomas A. Cloud, City Attorney 4
Ordinance 2015-11 Page 5 of 7 EXHIBIT A : LEGAL DESCRIPTION AND MAP Page 1 of 3 LOTS 19, 20, 21, AND 22 INC BLOCK C MOONLIGHT PARK SUBDIVISION 09 34S 25E PARCEL ID NUMBER: 09-34-25-0831-0000C-0019 AKA 8TH AVE S, WAUCHULA, FLORIDA 33873 AND ALL OF LOTS 17 AND 18, BLOCK C, MOONLIGHT PARK SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 9, PUBLIC RECORDS OF HARDEE COUNTY, FLORIDA. PARCEL ID NUMBER: 09-34-25-0831-0000C-0017 AKA 8TH AVE S, WAUCHULA, FLORIDA 33873 AND THE SOUTH 10 FEET OF LOT 12 AND ALL OF LOTS 13, 14, 15 AND 16, BLOCK C, MOONLIGHT PARK SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 9, PUBLIC RECORDS OF HARDEE COUNTY, FLORIDA PARCEL ID NUMBER: 09-34-25-0831-0000C-0012 AKA 1010 8TH AVE S, WAUCHULA, FLORIDA 33873 AND S 10 FT OF LOTS 5 TO 8 INC & LOTS 9, 10, AND 11 & LOT 12 LESS S 10 FT THEREOF BLOCK C MOONLIGHT PARK SUBDIVISION 09 34S 25E PARCEL ID NUMBER: 09-34-25-0831-0000C-0005 AKA 1008 8TH AVE S WAUCHULA, FLORIDA 33873 AND N 110 FT OF LOTS 5 TO 8 INC BLOCK C MOONLIGHT PARK SUBDIVISION 09 34S 25E PARCEL ID NUMBER: 09-34-25-0831-0000C-0006 CARLTON ST WAUCHULA, FLORIDA 33873 AND S 10 FT LOT 16 & LOTS 17, 18 BLOCK D MOONLIGHT PARK SUBDIVISION 09 34S 25E PARCEL ID NUMBER: 09-34-25-0831-0000D-0013 AKA 8TH AVENUE WAUCHULA, FLORIDA 33873
Ordinance 2015-11 Page 6 of 7 EXHIBIT A : LEGAL DESCRIPTION AND MAP Page 2 of 3 AND LOTS 5 TO 12 INC BLOCK D MOONLIGHT PARK SUBDIVISION 09 34S 25E PARCEL ID NUMBER: 09-34-25-0831-0000D-0005 AKA 1015 8TH AVE S WAUCHULA, FLORIDA 33873 AND LOTS 1 TO 4, BLOCK D, OF MOONLIGHT PARK SUBDIVISION, A SUBDIVISION IN SECTION 9, TOWNSHIP 34 SOUTH, RANGE 25 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, PAGE 9, OF THE PUBLIC RECORDS OF HARDEE COUNTY, FLORIDA. PARCEL ID NUMBER: 09-34-25-0831-0000D-0001 AKA 311 CARLTON ST S WAUCHULA, FLORIDA 33873
Ordinance 2015-11 Page 7 of 7 EXHIBIT A : LEGAL DESCRIPTION AND ZONING MAP PAGE 3 of 3