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DESCRIPTION AND CONDITIONS: On August 9, 1984,, the Planning and Zoning Commission approved a site plan application for Royale Garden Village, a proposed shopping center and restaurant complex. Located on the east side of U.S. 1 immediately south of the South Relief Canal, the project site is currently occupied by the WAXE radio station and transmitting tower. The property is 2.98 acres in size, is zoned C-1, Commercial District, and presently supports an approved commercial use. The applicant, John Lyon, has proposed a 16,850 square foot retail center and a 5,495 square foot restaurant for the site. As proposed,. the commercial facility would gain access from U.S. #1 via two 21 foot one-way drives and be served by a 22 foot perimeter belt drive. The number of parking spaces would exceed those required. The stormwater management plan, the landscape plan, and the utilities plan all meet County regulations and have been approved. The site is surrounded by multi -family residential on both the east and south, while it is bounded by the South Relief Canal on the north and the U.S. #1 right-of-way and F.E.C. Railroad right-of-way on the west. On August 20,. 1984, Mr. J. E. Luckett, President of the Vista Royale Association, formally appealed the Planning and Zoning Commission's- approval of the Royal Garden Village site plan application. In his appeal letter, written on behalf of the Vista Royale Association, Mr. ,Luckett cited three principal factors which support his position. Mr. Luckett feels that the approved site plan does not provide for adequate access and circulation of vehicles; he contends that the site plan does not ensure' adequate safety and convenience for the public. Second, he charges that the site plan does not provide adequate protection and separation.for contiguous and nearby residential property. Finally, Mr. Luckett states that the approved site plan does not conform to the Land Use Element of the County's Comprehensive Plan. ALTERNATIVES AND ANALYSIS:. Subsequent'to submittal of the initial site plan application for the.Royale Garden Village project, the staff worked closely with agents for the applicant to secure modifications to the proposed site plan, modifications which would reduce or elimi- nate potential problems identified by the staff. Among the issues identified by the staff and adequately addressed by the applicant were access to the site, internal circulation, removal of the existing radio tower, adequate provision for wastewater treatment$ and establishment of a buffer between the proposed retail center and the adjacent multi -family struc- tures. Since each of these issues was adequately addressed by the applicant prior to the Planning and Zoning Commission meeting at which the proposed project was to be considered, the staff recommended approval of.the site plan application. Upon receipt of a, site plan application, one of the first factors considered* by the staff is the site's present zoning and land use designation. In this case, the staff found that the subject property was zoned C-1 .and had a land -use desig- nation of 'MD -2, medium density residential. Because the property contained a lawfully conforming commercial use that was established prior to adoption of the Land Use Element of the Comprehensive Plan and because the Plan states that the purpose of the Plan is not to create non -conformities and, therefore, any lawfully conforming use existing at the time of Plan adoption would be considered consistent with the Plan, the 53 SEP 19 1994 Bou 58 PnUE-375 I