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BOARD OF COUNTY COMMISSIONERS LEON COUNTY, FLORIDA

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PCM130104 Timberlane Road near the Market District<br />

5. The parcels are mostly impervious due to existing development, and therefore<br />

redevelopment could not significantly increase impervious area and runoff into the Lake<br />

Jackson basin.<br />

6. The proposed amendment is not anticipated to have adverse effects on public facilities.<br />

C. APPLICANT’S REASON FOR THE AMENDMENT:<br />

The existing Lake Preservation (LP) land use designation for the original subject<br />

property is inconsistent with the use of the property. This property, as well as 33<br />

additional, similar parcels immediately on the north side of Timberlane Road, is part<br />

of a set of commercial offices and small businesses along the north side of<br />

Timberlane Road and east of the Market Square commercial area that was developed<br />

in 1983 prior to the adoption of the Comprehensive Plan in 1990. Despite its use,<br />

during the process of creating the Comprehensive Plan, this property was designated<br />

Lake Protection with a Lake Protection zoning designation. This land use designation<br />

therefore makes the current use legally non-conforming, which prohibits both new<br />

commercial and office uses and the expansion of existing, legally non-conforming<br />

land uses. This is also true for the remainder of the developed LP properties in this<br />

immediate area.<br />

While this status may continue without the requested change, the non-conforming<br />

status limits the property owner’s ability to expand and/or obtain financing for<br />

repairs and improvements. It also limits the owner’s ability to sell or lease the<br />

property for other redevelopment for other uses. The lack of the ability to redevelop<br />

these properties and/or change their uses limits the incentive or requirement to<br />

address drainage issues that may impact Lake Jackson.<br />

D. STAFF ANALYSIS<br />

The original subject property, located at 1234 Timberlane Road, was previously utilized as a<br />

toxicology laboratory. It was purchased in early 2012 by the applicant to be renovated as a dental<br />

office so that he could relocate and expand his existing practice at 1280 Timberlane Road, four<br />

properties east of the subject property. Although the use of the subject property as a medical<br />

facility (dental office) is technically not allowable, the City’s Growth Management Department<br />

allowed the requested use to move forward if all concurrency and other land development<br />

requirements were met. While not normal practice, this flexibility was granted based on two<br />

factors. One, the proposed use is functionally very similar to the prior use, and two, there are<br />

several similar historically non-conforming properties in this area north of Timberlane Road.<br />

Following a determination by the Growth Management Department that the property owner was<br />

willing to and could fulfill the City’s compliance requirements, including stormwater, parking,<br />

number of trips, and other stipulations, an agreement was prepared by the City Growth<br />

Management Department, Planning Department, and City Attorney’s Office. The agreement<br />

would allow the property owner to use the subject property for a dental office under specific<br />

conditions intended to ensure no additional impacts to the local transportation network or to Lake<br />

Jackson would occur (Agreement included as Attachment #2.) These conditions include limiting<br />

the square footage of the property as a dental office, limiting the available parking, and<br />

submitting an application to change the future land use category and zoning of the subject<br />

Page 250 of 622 Posted at 5:00 p.m. on April 1, 2013<br />

2<br />

Attachment #5<br />

Page 6 of 26

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