Agenda Package - 08-17-09 - Laserfiche WebLink

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021 STAFF REPORT PRESENTED AT THE PUBLIC HEARING WITH A RECOMMENDATION FROM THE PLANNING BOARD • FOR A CHANGE TO THE OFFICIAL ZONING MAP OF LEE COUNTY APPLICATION 2009-0701 RECOMMENDATION OF THE PLANNING BOARD: The Planning Board by a unanimous vote recommends that the Board of Commissioners approve Application #2009-0701 as submitted by Jerry Adkins to rezone .49+-acres of land at 2912 Jefferson Davis Highway from Residential Agricultural (RA) district to Highway Commercial (HC) district. LAND USE INFORMATION PRESENTED AT THE PUBLIC HEARING: Site and Area Description The area requested for rezoning is west of Jefferson Davis Highway and is the property located at 2912 Jefferson Davis Highway. The lot is approximately .49t acres in size with 100 feet of frontage upon two streets, Jefferson Davis Highway and Knott Drive. The property is the same as Lots 32-35 of the Knott Property Subdivision that was developed in 1946 and recorded in Plat Cabinet 2, Slide 399, Lee County Register of Deeds. Utilities The site has access to public water by means of an 8-inch main in the right-of-way of Jefferson Davis Highway and a 6-inch main in the right-of-way of Knott Drive. Public sewer is not • available. The property is currently served by a private sewerage system. Existing Zoning and Land Uses Properties adjoining to the north, south and west are zoned residential agricultural. Properties to the east and being east of Jefferson Davis Highway (US 1) are zoned highway commercial and residential agricultural. Land uses surrounding the subject lot consists of single-family homes. Commercial uses are in the vicinity, primarily along US Highway 1. Staff Analysis The subject property was a car sales lot for many years. The use has been operating under a nonconforming (grandfathered) land use status since the adoption of county-wide zoning in 1991. The use has ceased and the lot has been vacant for several years now. When a non- conforming use is discontinued for a consecutive period of 180 days, only a conforming use may occupy the site. The current zoning district (Residential Agricultural) is intended for very low-density residential and agricultural uses with a minimum lot size of 40,000 square feet. Land uses in this district are primarily agrarian and rural. The RA district requires a minimum building setback of 30 feet from any street right-of-way, 30 feet from a rear property line, and 15 feet from all side property lines. The proposed zoning district (Highway Commercial-HC) is established to accommodate uses that depend upon a large flow of traffic and convenient access, such as retailing of durable goods, the provision of commercial services to industrial areas, and the provision of services to