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JUN 12 1995 aooK FAG 206 <br />than 3 acres. The criteria established for creating neighborhood <br />commercial nodes in the ordinance adopted last week is not <br />effective because we have not received it back from the Secretary <br />of State as yet. He advised that ordinance should not be <br />controlling on this issue today and that the Board should <br />consider existing policies in the Comp Plan and policies that <br />staff had prior to the adoption of the ordinance. <br />Mr. Shearer explained that at one time there was some intent <br />to establish some commercial activity on a small square of <br />property east of 74th Avenue, but did not know if it was ever <br />approved by site plan. If it was, it has since expired. <br />Administrator Wright felt we should be careful on how we <br />measure the subject node because we have some nodes that are <br />entirely on one side of the road. Theoretically, he felt we can <br />put in a neighborhood node on the north side of the road within a <br />very close distance from an existing node that is entirely <br />located on one side of the road. He suggested that the Board <br />might want to consider measuring it in the same manner as that <br />used for alcoholic establishments/,church situations, which is the <br />closest pedestrian path. In other words, measure it the way you <br />are walking -- measure it west and then cut across the 4 -lane <br />highway. <br />Chairman Wodtke asked if this was approved, would it <br />preclude the C-1 property to the east from being used as a <br />neighborhood node, and Director Keating explained that it would, <br />but if this is not approved and the distance requirements are <br />still in effect, that could not be utilized as a neighborhood <br />node in any event. <br />Steve Henderson, Attorney representing ACTS, Inc., reported <br />that his clients have attempted to go along with the spirit of <br />the requirements of the new ordinance by reducing their request <br />from 8 acres to 6 acres. He stated that they would further <br />reduce their request to 3 acres, measured equidistance on 74th <br />Avenue and SR -60, so that even though the ordinance is not in <br />20 <br />r <br />