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11/19/1991
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11/19/1991
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
11/19/1991
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The function of neighborhood commercial areas is also different <br />from that of the county's other commercial designations land <br />districts. Neighborhood commercial areas are designed to meet,the <br />convenience retail needs of surrounding residents, are limited in <br />size, use, and location, and are essentially granted on a "use it <br />or lose it" basis. The progress report provision was incorporated <br />in the CN district requirements to give the Board an opportunity to <br />determine if development of the node has commenced and progressed. <br />If the. Board finds that adequate progress has not occurred, this <br />provision allows the Board to terminate the node approval or grant <br />a six month extension of node approval. <br />The neighborhood node termination provision is important because of <br />the neighborhood node separation requirement. As provided for in <br />the CN district requirements, no neighborhood node shall be <br />established within one nile of another neighborhood node. That <br />requirement was established to ensure that the neighborhood nodes <br />would be limited in number and sufficiently dispersed. However, it <br />was recognized at the time that these requirements were drafted <br />that the separation provision would work only if node approval ',was <br />subject to revocation for non -development. <br />History of Subject Property Designation/Zoning <br />In 1985, Adult CommunitJes Total Services (ACTS), Inc., requested <br />to rezone 7.26 acres located north of S.R. 60 and west of 74th <br />Avenue from R -3A, Retirement District, to C -1A, Restricted <br />Commercial District. This 7.26 acres included the subject ±3 acre <br />parcel. The applicant also requested that this property) be <br />designated as a neighborhood node to allow for the C -1A zoning. It <br />should be noted that at the time of the request no CN district <br />existed; the C -1A district was the most restricted commercial <br />district. Thus, at that time the C -1A district was the most <br />appropriate district for a neighborhood commercial node. <br />On April 11, 1985, while considering the designation/rezoning <br />request, the Planning and Zoning Commission tabled action on the <br />request pending further staff analysis of the then -existing <br />criteria used in establishing neighborhood nodes. At its April 25, <br />1985 meeting, the Planning and Zoning Commission, based upon <br />further staff analysis and input from node workshops held in 1983 <br />and 1984, 'recommended adoption of new neighborhood commercial ode <br />criteria which included the following restrictions: 7 <br />No node.could exceed six (6) acres in size; and <br />No node could be established within one mile (5,280, of <br />another neighborhood commercial node, other commercial or <br />residential node or an MXD (mixed use) area. This <br />separation distance could be reduced by 10% to 4,752" via <br />a special waiver granted by the community development <br />director (based upon special, characteristics and <br />criteria). <br />The 7.26 acre parcel involved in the neighborhood node/rezoning <br />request did not meet either of these recommended criteria. [It <br />should be. noted that these criteria were ultimately adopted by <br />ordinance'by the Board of County Commissioners on June 5, 1985. <br />The effective date of that ordinance was June 17, 1985.] <br />Because the 7.26 acre proposal did not meet the recommended <br />criteria, the Planning and Zoning Commission denied the ACTS <br />request at the April 25th meeting (see attachment #3). ACTS then <br />appealed the Planning and Zoning Commission's denial to the Board <br />of County Commissioners. On June 12, 1985, the Board approved a <br />neighborhood commercial node designation covering three (3) ares <br />of the subject property, and also rezoned the three acres from RM - <br />8, to C-lA (see attachment #4). Although the approval wasnot <br />consistent with the new neighborhood node criteria (specifically <br />the separation -distance requirement) adopted June 5, 1985, thelnew <br />43 <br />OriK <br />
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