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r BOOK 89 PnF.997 <br />APR m 6 199 <br />areas to the south and west. Even though the subject property <br />contains existing residential uses, these are permitted uses within <br />the PRO zoning district; so the proposed rezoning will not create <br />any non -conforming uses. <br />The 44th Avenue traffic concerns that were raised at the Planning <br />and Zoning Commission Hearing have been addressed by eliminating <br />those lots that have frontage only on 44th Avenue. With this <br />action, every lot in the subject property fronts either 43rd Avenue <br />or 19th Street. Office development on the subject property is not <br />anticipated to generate any traffic on 44th Avenue. <br />The principal impacts of this request would be on the five <br />residential lots abutting the subject property and on the two <br />residential lots, across 44th Avenue, west of the subject property. <br />There are, however, several circumstances which would serve to <br />mitigate the potential impacts associated with this request. <br />One of these mitigating circumstances is the land development <br />regulations' requirement that office uses in the PRO district <br />provide six foot high, type C. buffers to abutting single-family <br />areas, and three foot high, type D buffers to abutting multi -family <br />areas. <br />Another mitigating circumstance is physical separation. Twenty- <br />five foot front and rear yard setbacks are required in both the RS - <br />3 and the PRO zoning districts. The required side yard setbacks <br />for PRO and RS -3 are 20 and 15 feet, respectively. These setback <br />requirements, ensure a separation of at least 35 to 50 feet between <br />buildings on the subject property and buildings on adjacent <br />property. Combined with 44th Avenue's 50 foot right-of-way, the <br />setback requirements ensure that no building in the PRO district <br />will be closer than 100 feet to any home in the RS -3 district west <br />of 44th Avenue. <br />Another factor that mitigates potential impacts that could be <br />associated with this request relates to the characteristics of the <br />PRO district. The PRO district was created for, and intended to be <br />compatible with, areas designated as residential by the county's <br />comprehensive plan. In fact, the PRO district is one of only two <br />commercial zoning districts allowed in areas with residential land <br />use designations. Because no retail sales are permitted in the PRO <br />district, there will be fewer trucks, less activity, reduced hours <br />of operation, and generally fewer impacts from PRO uses than would <br />occur with general commercial uses. In terms of allowable uses, <br />PRO is the county's least intense and most restrictive commercial <br />zoning district. For these reasons, staff does not anticipate <br />compatibility problems associated with this request. <br />Potential Impact on Environmental Ouality <br />It is staff's position that the proposed zoning change would have <br />no significant adverse impacts on the environmental quality of the <br />subject property, since no native uplands or wetlands exist on <br />site. In accordance with Land Development Regulation Chapter 929, <br />all nuisance exotic vegetation will have to be removed in <br />conjunction with any site development. Native oak trees existing <br />on site will be subject to protection as regulated under Chapter <br />927, Tree Protection and Land Clearing. <br />Appropriateness of the PRO District for the Subject Propertv <br />Because the PRO district allows non-residential uses _to locate in <br />areas designated as residential on the comprehensive plan,- any <br />request for PRO district rezoning must be reviewed carefully: Not <br />W11 <br />