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F7 IAN' 19 -1983 BOOK RIG Community Development Director King reviewed staff memo, as follows: TO: The Honorable Members DATE: January 10, 1983 FILE: of the Board of County Commissioners J. R. COOK'S REQUEST TO DIVISION HEAD CONCURRENCE: SUBJECT: REZONE ± 2.37 ACRE PARCEL LOCATED ON THE SOUTHEAST CORNER OF Patrick Bruce King, OSLO ROAD AND U.S. #1 FROM C-1, COM[+4ERCIAL TO C1A, RESTRICTED FROM: Art Challacombe REFERENCES: coMRcIAL Environmental Planner It is requested that the data herein presented be given formal consideration by the County Commission at their regular meeting on January 19, 1983. DESCRIPTION & CONDITIONS: On December 9, 1982, the Planning and Zoning Commission recommended approval of the applicant's request to rezone a 2.37 acre parcel located on the southeast corner of Oslo Road and U.S. #1 from C-1, Commercial to C-lA, Restricted Commercial. The subject property is the site of a 26 bed nursing home which was established in 1949. At that time, the C-1, Commercial Zoning District included nursing homes as a permitted use. Subsequent revisions of the zoning ordinance have eliminated nursing homes as a permitted use. Thus, this nursing home has become a nonconforming use. Section 25 (j) states: 1) Continuation on nonconforrnities: Nonconformities may be continued so long as they remain otherwise lawful, subject to the remaining provisions of this section. 2) Expansion or change of nonconfomnities: No nonconformity shall be enlarged or changed to a different nonconformity except upon a determination by the County Administrator that the change results in a lessening of the degree of nonconformity. The applicant proposes to add 60 beds to the existing facility. Under the provisions of Section 25 (j), the applicant may not expand his nursing facility as long as it is a nonconforming use. Approval of the proposed rezoning will change the nursing home status from nonconforming to a conforming use, thus allowing the applicant to expand his nursing facility. ALTERNATIVES & ANALYSIS: Environment - The area is not in a flood hazard area, nor does it contain environmentally sensitive areas. The site is developed and contains urban landscaping materials.