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At its special meeting of June 28th 1994, the Planning & Zoning Commission voted 3 to 3 to approve the new site plan (see attachment #3). Since a majority of 4 votes is required for the Planning & Zoning Commission to take action, this site plan was deemed denied. Subsequently, the developer, in accordance with the LDR's, has appealed the Commission's action to the Board of County Commissioners. BACKGROUND AND HISTORY OF PARCEL: sZoning and Land Use Map History The subject parcel is currently zoned commercial and was originally zoned commercial as part of the initial Moorings Development plan. From the late 1960s to the present, the subject property has continuously been depicted as commercial on county zoning maps. Although many surrounding parcels were rezoned from commercial to residential in the 19701x, a few adjacent parcels are still zoned CL (see attachment #5). From the late 1960's to 1985, the subject property was zoned C1 -A (restricted commercial), which is a zoning district that is similar to the present CL district. Both districts allowed/allow commercial uses such as grocery stores, restaurants, and many other retail uses. In 1985, as part of a county -wide administrative rezoning process, the subject property was rezoned from C1 -A to CL, which is its current zoning. Also, it should be noted -that the county's comprehensive plan land use map, first adopted in 1982, has always designated the subject parcel as commercial. The property is designated as commercial on the current comprehensive plan land use map. •Site Plan Proposal History This site has been the subject of three previous site plan applications, none of which proposed a grocery store/supermarket over 11,000 sq. ft. in size. The first application was filed in October 1986 and was not approved, due to a lack of response and follow-through by the applicant. This plan proposal depicted 58,000 square feet of commercial building floor area and 23% open space on site. (Note: Only 20% open space was required in the CL zoning district until 1991, when the requirement was increased to 25%.) The second application for major site plan approval was submitted on January 27, 1988 and, after staff review, was approved by the Planning and Zoning Commission at its regular meeting of March 24, 1988. The plan depicted 53,200 square feet of commercial building floor area and proposed to provide 34% open space using a 2 story design. Due to a lack of permitting and construction by the applicant, this site plan approval lapsed on March 241 1989. The third application for major site plan approval was submitted August 18, 1989 and, after staff review, was approved by the Planning and Zoning Commission at its -regular meeting of October 12, 1989. The plan depicted 60,000 square feet of commercial floor area and proposed to provide 34% open space using a 2 story design. This design was similar to the design approved as part of the second site plan application. The approval of this application expired October 12, 1990, due to failure of the applicant to obtain a -building permit and commence construction. PROPOSED DEVELOPMENT AND LOCATION: Kimley-Horn and Associates, Inc. has submitted a revised major site plan on behalf of Halvorsen Development Corporation to construct a 46,560 square foot shopping center at 2105 South S.R. A -1-A. The submitted site plan is similar to the plan reviewed by the Planning 45 July 12, 1994 � a �