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TO: Charles P. Balczun County Administrator DATE: April 26, 1988 FILE: DEPARTMENT HEAD CONCURRENCE: Robert M. Ke Community De WABASSO PARTNERSHIP REQUEST TO AMEND THE CL ZONING DIS- TRICT REGULATIONS TO PERMIT ting, AICP SUBJECT: COMMERCIAL GREENHOUSES AND elopment Director NURSERIES AS A PERMITTED THROUGH: Gary M. Schindler /7/ Chief, Long Range Planning USE David C. Nearing Wabasso Partn. FROM: staff Planner REFERENCES: DIS:DAVE It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at their regular meeting of May 10, 1988. DESCRIPTION AND CONDITIONS: David Croom, acting on behalf of the Wabasso Partnership, has submitted an application to amend the text of the zoning ordi- nance. This application is to amend Section 19, CL: Limited Commercial District, to permit Commercial Greenhouses and Nur- series as a permitted use. Currently, Commercial Greenhouses and Nurseries are a permitted agricultural use in the CG, General Commercial District; CH, Heavy Commercial District; IL, Light Industrial District; and IG, General Industrial District. As noted on the attached application, the reason that the appli- cants are requesting this amendment is that they are the current owners of an old nonconforming commercial nursery site situated in a CL district in the Wabasso area. This nursery had originally received site plan approval in 1978 when the property was zoned C -1A, Restricted Commercial District, which permitted Commercial Greenhouses and Nurseries. However, in January of 1986, the property was rezoned to CL during the Comprehensive County -wide nonresidential zoning conversion. Because the CL district did not permit commercial nurseries and greenhouses, the use became a nonconforming use. Nonconforming uses may continue to exist as long as the use is not destroyed by more than 50% or discontinued for more than 90 days; they also may not be enlarged or expanded. In the case of the subject nursery, the use was discontinued approximately one year ago. For this reason, the use ceased to exist and could not be reestablished without the property being rezoned to a district in which a commercial greenhouse/nursery is permitted, or through amending the ordinance to permit the use in the CL zoning district. Because the staff would recommend against a rezoning of thisproperty to a more intense district, the applicant decided to submit this request for an amendment. On April 14, 1988, the Planning and Zoning Commission voted unanimously to recommend approval of this request. ALTERNATIVES AND ANALYSIS: In this section, an analysis of the reasonableness of the request will be performed. This analysis will examine the potential impacts of adding the proposed use to the other uses allowed in the CL district. This examination will then identify and evaluate alternatives to the requested amendment. Finally, a recommendation will be madebased on the analysis of the request and the alternatives. As with a rezoning, the Commissioners may accept or deny the staff's recommendation in full or in part. A denial of this request will be final unless appealed. 13 Mean ` 0 1988 Boot( 72 PAGE 293