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City rezoning question recalls developer lawsuit
Final decision on residential lot may be Monday.
By JEFF M. HARDISON
jhardison@lakecityreporter.com
A Lake City rezoning issue on the City Council agenda for final decision Monday night harkens back to a similar question that caused one developer to sue the city.
One difference here is that four City Council members voted in favor of changing from a residential use to a mixed residential-commercial use in this case.
In the other case, a rezoning from residential to commercial use was shot down by the city leaders.
City Councilman George Ward voted “no” during the Dec. 15 meeting in regard to the rezoning slated for Monday night.
If a majority of City Council votes in favor of the change, as it did in December, then it will be the final action required to rezone two-tenths of one acre from Residential Single Family-3 to Residential Office on property at Southeast Brown Street between Isabella Way and Hernando Avenue.
Owned by Charles Kalb, the middle lot on the south side of Southeast Brown Street, between Hernando Avenue and Isabella Way, should remain only for residential use, Ward said last month.
The Planning and Zoning Board recommended allowing rezoning, which increases the intensity of land use by making the property Residential Office. If rezoned, the property could result in 2,178 square feet of medical office use on the site, according to part of the application for rezoning.
An estimated 11 employees would be on the site, according to calculations reflecting the average number of workers per square-foot of medical office space, according to information on the demand on public facilities statement.
The previous City Council meeting provided for the first of two public hearings and votes required to adopt an ordinance to rezone Kalb the property from Residential Single Family-3 to Residential Office.
Ward voted against this rezoning, he said, because he believes commercial interests are encroaching on residential areas.
During the December meeting, Ward reminded the other four City Council members of property at Southwest El Prado Avenue, Baya Drive and U.S. Highway 41.
Daniel Crapps owns three parcels at the western point or at a corner of that intersection. He wanted to rezone it from Residential Single Family-2 to Commercial General.
The city denied the rezoning and Crapps sued. A judge ruled against the developer. At first, Crapps appealed the ruling but in the end, he conceded.
“It’s hard to get a zoning ruling overruled by a judge,” he said, “unless it is 100 percent indisputable.”
Crapps said this was one zoning case that he never thought would be denied by City Council. McDonald’s is on one corner and commercial development is all around that major intersection.
“To me,” Crapps said, “it was idiotic of the council to rule like it did back then. It’s still idiotic. Who’s going to want to live on the corner of Baya and U.S. 41?”
Ward contends that commercial development should not encroach into residential areas, but there is one piece of Residential Office zoned property in this neighborhood already, according to a map of the area: It is similar to McDonald’s being across the highway from the residentially zoned property that Crapps wanted as commercially zoned property.
One difference here is that four City Council members voted in favor of changing from a residential use to a mixed residential-commercial use in this case.
In the other case, a rezoning from residential to commercial use was shot down by the city leaders.
City Councilman George Ward voted “no” during the Dec. 15 meeting in regard to the rezoning slated for Monday night.
If a majority of City Council votes in favor of the change, as it did in December, then it will be the final action required to rezone two-tenths of one acre from Residential Single Family-3 to Residential Office on property at Southeast Brown Street between Isabella Way and Hernando Avenue.
Owned by Charles Kalb, the middle lot on the south side of Southeast Brown Street, between Hernando Avenue and Isabella Way, should remain only for residential use, Ward said last month.
The Planning and Zoning Board recommended allowing rezoning, which increases the intensity of land use by making the property Residential Office. If rezoned, the property could result in 2,178 square feet of medical office use on the site, according to part of the application for rezoning.
An estimated 11 employees would be on the site, according to calculations reflecting the average number of workers per square-foot of medical office space, according to information on the demand on public facilities statement.
The previous City Council meeting provided for the first of two public hearings and votes required to adopt an ordinance to rezone Kalb the property from Residential Single Family-3 to Residential Office.
Ward voted against this rezoning, he said, because he believes commercial interests are encroaching on residential areas.
During the December meeting, Ward reminded the other four City Council members of property at Southwest El Prado Avenue, Baya Drive and U.S. Highway 41.
Daniel Crapps owns three parcels at the western point or at a corner of that intersection. He wanted to rezone it from Residential Single Family-2 to Commercial General.
The city denied the rezoning and Crapps sued. A judge ruled against the developer. At first, Crapps appealed the ruling but in the end, he conceded.
“It’s hard to get a zoning ruling overruled by a judge,” he said, “unless it is 100 percent indisputable.”
Crapps said this was one zoning case that he never thought would be denied by City Council. McDonald’s is on one corner and commercial development is all around that major intersection.
“To me,” Crapps said, “it was idiotic of the council to rule like it did back then. It’s still idiotic. Who’s going to want to live on the corner of Baya and U.S. 41?”
Ward contends that commercial development should not encroach into residential areas, but there is one piece of Residential Office zoned property in this neighborhood already, according to a map of the area: It is similar to McDonald’s being across the highway from the residentially zoned property that Crapps wanted as commercially zoned property.
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WOW wrote on Jan 5, 2009 9:35 AM: