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3/10/1992
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3/10/1992
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
03/10/1992
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_ M <br />• The Board of County Commissioners could adopt the PRO <br />district as recommended by the Planning and Zoning <br />Commission. Staff would not recommend this alternative <br />based upon the analysis as presented above. <br />It is staff's position that retaining the CN zoning designation for <br />the subject property is not an alternative. Since the site's <br />neighborhood node designation has been terminated by the Board of <br />County Commissioners, the property must be rezoned to a residential <br />district or to PRO to be consistent with the county's land use plan <br />map. <br />CONCLUSION <br />It is staff's position that the existing neighborhood commercial <br />node designation and CN zoning of the subject property are not <br />warranted. Not only is there an existing developed neighborhood <br />node within 300 feet of the subject property, but a general <br />commercial node also exists little more than a half mile from the <br />site. Since no development has occurred on the property in the six <br />years that the node designation has existed, this indicates that <br />commercial development of the site is not warranted. In addition, <br />planning staff feel that the subject property does not meet the <br />requirements of the PRO district. As such, the rezoning to RM -8 is <br />justified since it meets all applicable concurrency requirements, <br />is consistent with the comprehensive plan, is compatible with the <br />surrounding' 'area and will have no significant impacts on <br />environmental quality. For those reasons, staff supports the <br />request to rezone the subject property from CN to RM -8. <br />RECOMMENDATION <br />Staff recommends that the Board of County Commissioners approve <br />this county initiated request to rezone the subject property from <br />CN to RM -8. <br />County Attorney Charles Vitunac explained that the _Planning & <br />Zoning Commission recommendation was based on their interpretation <br />of the criteria contained in Section 911.10(9)(a) of the County's <br />Land Development Regulations. That section states: <br />"The PRO district shall have a minimum district size <br />of 5 acres and a maximum district size of 25 acres. <br />The PRO district may be reduced to 2.5 acres if <br />a. abutting a commercial node or corridor. <br />b. located within a substantially developed area. <br />c. located in an area dominated by non-residential uses." <br />Attorney Vitunac advised that since there is no "and" or "or" <br />included in the language of this section, it is subject to <br />interpretation. Planning Staff's interpretation is that all three <br />must be met, while P & Z thought it required any one of them. Both <br />interpretations are reasonable. The Board will have an opportunity <br />to clarify that point when this ordinance is presented for <br />amendment in the near future. <br />Chairman Eggert remembered very specifically that the intent <br />of this section was that all three requirements had to be met. <br />33 <br />"'! <br />BOOK i' F it <br />1AR U 1992 <br />
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