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M M M <br />Commissioner Bird felt it is apparent that the node does <br />need enlarging. <br />The Chairman asked if anyone present wished to be heard. <br />William Caldwell, attorney for the applicant, had a copy of <br />the Land Use Plan provision which the Planning & Zoning <br />Commission used in its recommendation. He noted that the <br />property is surrounded by existing commercial uses and staff said <br />it should be in the node. The urgency of the need for this to <br />proceed is that it is under contract for sale and if it is <br />necessary to wait for expansion of the node, the time period of <br />the contract might lapse. Attorney Caldwell did believe that the <br />provision does permit the rezoning to take place. -- <br />Chairman Scurlock felt that it does seem ridiculous, if you <br />know what the end recommendation is going to be, to tell the - <br />applicant to wait six months and come back. He asked if there is <br />a procedural way to get around this. <br />Commissioner Bird believed there is, and that is what the <br />Planning & Zoning Commission used. <br />Attorney Brandenburg asked Attorney Caldwell if the <br />Commission went ahead and approved rezoning under the provision <br />referred to, and then, if for some reason, in the future, decided <br />it is not in the node, whether he would agree at this point that <br />his client does not have the right to build commercial on that <br />property. <br />Attorney Caldwell stated that he would not if the rezoning <br />is approved today. Obviously the intent of buying the property <br />is to develop it. <br />Commissioner Bird could not imagine, looking at this <br />property in proximity to other industrial areas in the <br />neighborhood, that we would not include it in the node, and <br />Commissioner Wodtke believed the map supplied in the backup <br />material showed this property as being in the outer limits of the <br />node. <br />15 <br />DEC 5 1984 BOOK - 5 9 F4.,F 93 <br />