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r JAN 22 19$6 <br />. <br />Transportation System <br />Booty 63 mr,C 369 7 <br />The subject property has direct access to 38th Avenue (classified <br />as a local street on the Thoroughfare Plan). The maximum devel- <br />opment of the subject property under CG zoning could attract up <br />to 339 average annual daily trips (AADT). Under the current <br />RM -10 zoning, the maximum development of the subject property - <br />could generate up to 21 AADT. <br />Environment <br />The subject property is not designated as environmentally sensi- <br />tive or is it in a flood -prone area. <br />Utilities <br />County water is available for the subject property. County <br />wastewater facilities will be available within three years. <br />RECOMMENDATION <br />The Planning and Zoning Commission recommended approval of this <br />request because they felt it would be consistent with the <br />existing commercial uses in the area. The planning staff <br />recommended 'against the proposed CG zoning because it would <br />constitute spot zoning by rezoning a small parcel of land to a <br />general commercial zoning category which would convey special <br />privileges to one individual. However, if the zoning ordinance <br />is amended to allow funeral chapels in the CL district, staff <br />feels that it would be reasonable to rezone the property to CL <br />provided that other land adjacent to the subject property which <br />contains existing commercial uses also be rezoned to CL to avoid <br />spot zoning. <br />Chairman Scurlock opened the Public Hearing and asked if <br />anyone wished to be heard in this matter. There were none. <br />ON MOTION by Commissioner Wodtke, SECONDED by <br />Commissioner Bowman, the Board unanimously closed <br />the Public Hearing. <br />Commissioner Wodtke asked the Broxtons how they felt about <br />having this zoned CL, Light Commercial, rather than General <br />Commercial, and they indicated that it was fine with them as long <br />as they could build their funeral chapel. <br />Planner Shearer noted that CL zoning is more restrictive <br />than CG, and Attorney Vitunac advised that the Board has the <br />ability to go to a lesser zoning than requested without <br />readvertising. <br />41 <br />