7/23/1986 - Laserfiche WebLink

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r JUL 2 3 196 -7 Bou 65 FmCF152 If At the public hearing to adopt this ordinance, a question came up about converting commercially -zoned lands in neighborhood commercial nodes to the CN, Neighborhood Commercial District. An individual objected to having his property changed to the CN district because the district regulations contain a provision that states: "All neighborhood commercial node approvals shall terminate and become null and void if construction has not commenced—within eighteen (18) months of the date of approval." The individual stated that 18 months was an insufficient amount of time to prepare a site plan,Adquire financing, and commence construction. Based on this discussion, the Board directed the staff to review the 18 month time limitation and further define the procedures for terminating a neighborhood node. The CN district was created specifically to implement the Comprehensive Plan's provision for neighborhood commercial nodes. Neighborhood commercial nodes do not appear on the land use map and are intended to supplement the nodes designated on the map. Because of the strict locational criteria in the Comprehensive Plan, very few neighborhood nodes -can be located in small areas. In order not to preclude commercial development in these areas through the granting of a neighborhood node, it was determined that these node approvals should expire if the property was not developed in a reasonable amount of time. This is. implemented through the 18 month termination provision in the CN district. On May 14, 1986, the Board of County Commissioners directed the staff to initiate the process to amend the CN zoning district as provided for in the attached ordinance. On June 26, 1986, the Planning and Zoning Commission voted 3 -to -0 to recommend approval of this request. ALTERNATIVES & ANALYSIS The staff feels that in order to terminate a neighborhood' commercial node the property would have to be down -zoned from CN to an appropriate residential zoning district. In order to accomplish this downzoning based on the 18 month time limitation, the rezoning would have to be initiated approximately 15 months after the node had been designated. Staff does feel it might be difficult in some cases for a developer to have a neighborhood commercial development under construction within fifteen months. After discussing this situation with the County Attorney, a brief set of procedures to effectuate termination of a neighborhood commercial.node was developed, and these proposed procedures are outlined below. The staff recommends maintaining the 18 month termination period for neighborhood nodes. However, staff feels that at the end of 18 months, if construction has not commenced, the Board of County Commissioners should hold a hearing at which the staff would report on the status of the node, and the developer could explain why the node status should be retained. The staff report would include information on whether or not a site plan had been approved, whether or not a building permit had been issued, and if there had been interest from other individuals concerning developing a neighborhood node in the area. Based on this information, the Board would decide whether to terminate the node or grant a 6 month extension. If the node were terminated, staff would initiate rezoning of the property. These procedures would require that the CN district regulations be amended to include the 6 month extension provision. RECOMMENDATION_ Based on the above analysis, including the Planning and Zoning Commission's recommendation, staff recommends that the Board of County Commissioners approve the amendment to the CN district regulations to incorporate the above described provisions for terminating neighborhood commercial nodes. 21