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the accompanying Zoning Map for ±1.43 acres south of 9th <br />Street southwest and approximately 850 feet west of 12th <br />Avenue, S.W., from CH, Heavy Commercial District, to <br />CG, General Commercial District; and providing <br />codification, severability, and effective date. <br />9.A.2. KENNETH P. KENNEDY AND THOMAS P. KENNEDY'S <br />REQUEST TO REZONE ±11.59 ACRES FROM CL TO CG <br />(QUASI-JUDICIAL) <br />PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE <br />OFFICE OF THE CLERK TO THE BOARD <br />Community Development Director Bob Keating recapped his memorandum of June <br />19, 2007, and through a PowerPoint presentation described in detail the nature of the request, to <br />secure the necessary zoning to develop the subject property with uses permitted in the CG zoning <br />district. Said property is located east of US Highway 1 and south of 79th Street. He asked the <br />Board to approve the request based on analysis conducted. The Planning & Zoning Commission <br />voted to deny this request, hence the appeal to the Board. Staff feels the request is compatible with <br />the surrounding areas and uses, and with the Comprehensive Plan, and is exempt from <br />concurrency; therefore, staff recommended approval of the applicant's appeal and adoption of the <br />zoning ordinance. <br />Commissioner O'Bryan inquired if the appropriate 30 -day notice of appeal was <br />exercised, since this is an appeal of P&Z's decision. Director Keating said there was no fee <br />involved, and the applicant had met all appeal criteria. Director Keating responded to further <br />questions from Commissioner O'Bryan regarding an additional 40 -foot right-of-way, and zoning <br />for property north of Hobart. <br />July 10, 2007 18 <br />