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7/12/1994
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7/12/1994
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
07/12/1994
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Serving the smallest geographic area, the Neighborhood <br />District .(CN) allows the least intense and most common <br />its intent being to allow uses which serve primarily the <br />of the immediate area, the CN district permits those use <br />convenience oriented. For that reason, grocery stores a <br />in the CN district. <br />Commercial <br />uses. With <br />residents <br />s which are <br />re allowed <br />As with CN, the CL district was also established as a restricted <br />district. The restricted nature of the CL district reflects the <br />fact that the purpose of the district is to serve an area larger <br />than a --neighborhood, but not a countywide area. For that reason, <br />the CL district prohibits those types of uses that have a broader <br />market area. Consequently, automobile dealerships, large discount/ <br />department stores, fruit and vegetable packing houses, and other <br />similar uses are not allowed in the CL district. Those uses draw <br />from a larger area of the county and are. allowed in the CG, General <br />Commercial, district: <br />The appellant draws a comparison between department stores and <br />grocery stores/supermarkets based solely on traffic generation. The <br />appellant indicates that a supermarket generates about 3 times the <br />traffic that a department store does on a per unit area basis. The <br />appellant provides no documentation such as trip rates per 1,000 <br />square feet to substantiate the claim. The ITE Trip Generation <br />Manual 4th Edition does not list department stores as a use, but it <br />lists an average annual daily trip rate of 125 trip ends for <br />supermarkets per 1,000 square feet, and average annual daily trip <br />ends of 70.13 for discount stores per 1,000 square feet and a rate <br />of 91.65 trip ends per 1,000 square feet for a shopping center of <br />50,000 square feet. Thus, ITE standards indicate that retail <br />facilities such as department stores do not -generate 3 times more <br />trips than supermarkets on a per unit area basis. <br />It should also be noted that trip generation is not the <br />distinguishing factor in determining what uses are allowed in the <br />CL district as opposed to the CG district. Department stores are <br />limited in size in the CL district not because larger department <br />stores generate more trips, but because larger department stores <br />will draw customers from a larger area than the CL district uses <br />are intended to serve. <br />*REVIEWING PLANNING AND ZONING COMMISSION DECISIONS <br />LDR section 902.07(5) states that, in its review of Planning and <br />Zoning Commission decisions, the Board is to make findings in four <br />areas, as follows: <br />1. Did the reviewing official/Planning and Zoning Commission fail <br />to follow the appropriate review procedures? <br />2. Did the reviewing official/Planning and Zoning Commission act <br />in an arbitrary or capricious manner? <br />3. Did the reviewing official/Planning and Zoning Commission fail <br />to consider adequately the effects of the proposed development <br />upon surrounding properties, traffic circulation -or public <br />health, safety and welfare? <br />4. Did the reviewing official/Planning and Zoning Commission fail <br />to evaluate the application with respect to the comprehensive <br />plan and land development regulations of Indian River County? <br />11 EOOK 92 FAZE � <br />July 12, 1994 <br />
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