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Commissioner Adams recalled that the Planning & Zoning Commission was concerned about buffering and that the required buffering is twice as dense in C/L as in OCR. Director Keating responded that OCR requires Type C buffering which allows it to be narrower and denser. In both OCR and C/L the buffering must contain a 6 -foot opaque feature. Commissioner Tippin opposed the Approval Alternative. He did not want to worry about the State suing us because they can sue us no matter what the decision is, and he felt it is time for the counties to assume responsibility. He was opposed to the contingency of being found in compliance by DCA before the Ordinance is effective. Commissioner Eggert clarified that being found in non- compliance could cost as much as $9 million. Director Keating explained that being found in non-compliance requires long, protracted discussions with DCA trying to work out a stipulated settlement agreement. If this contingency is not included and DCA does not approve the amendment, we will find ourselves in the position of negotiating with DCA. In the meantime, the applicant may get the development order and begin his development. Commissioner Eggert clarified that the difference will be friendly or unfriendly negotiations. Chairman Bird asked whether that Approval Alternative will be standard and included in all rezoning requests in the future, and Director Keating responded that where DCA has issued objections, staff will make the recommendation to include that alternative. Discussion ensued regarding time frames, and Director Keating explained that an ordinance amending the Comprehensive Plan will take effect at the time it is received by the Department of State if it is not contingent upon a finding of compliance. Commissioner Adams was concerned that the OCR buffering would not be sufficient and felt commercial lighting cannot be shaded. She asked why we cannot exclude a 7 -Eleven type store in this rezoning, and Director Keating responded that conditional rezonings are not allowed. Once a parcel is rezoned and the Comp Plan is amended, the applicant has the ability to develop any usage that is permitted in that zoning district. Commissioner Adams sympathized with the residential property owners but also felt that the owners of properties facing Old Dixie Highway need relief. Commissioner Eggert agreed that Old Dixie Highway has changed and that OCR would be more acceptable. 39 L_ SAY 2 5 1993 BOOK 89 F',�,UF 640