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10/1/1996
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10/1/1996
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
10/01/1996
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BOOK 99 FACE 2 ( 9 <br />proposed condition is different than the condition recommended by <br />the Planning and Zoning Commission. <br />Based on the applicant's agreement to comply with the 60 Corridor <br />Plan criteria, staff has deleted original condition #5 which <br />related to the SR 60 Corridor Plan compliance. <br />Staff has also modified original condition #7, which relates to the <br />fencing around the retention area. The modification is based on <br />information that was not available to the Planning and Zoning <br />Commission or staff at the August 22, 1996 Planning and Zoning <br />Commission meeting. The modified condition is not the same as the <br />original condition or the Planning and Zoning Commission <br />recommendation, but the intent of making the fence less visually <br />obtrusive is consistent with wording of both conditions. With <br />renumbering, original condition 7 is now condition 5. <br />The Zoning & Development Approval Process <br />Presently, the site is zoned CL (Limited Commercial), a zoning <br />designation which does not allow department stores that exceed <br />40,000 square feet in size. Because of this criterion, the <br />applicant must rezone the site in order to proceed with the <br />proposed expansion. Consequently, the applicant has requested that <br />the subject property be rezoned to the PD (Planned Development) <br />district, which is the zoning designation of the existing Wal-Mart <br />site. <br />In choosing to rezone the subject property to PD Commercial Retail, <br />the applicant has elected one of three options available to him. <br />Any of these three options, if approved, would allow the applicant <br />to proceed with his project, as proposed. The two non -chosen <br />options available to the applicant are: <br />• To request that the site be rezoned to CG (General <br />Commercial). If the site were rezoned to CG, all uses <br />permitted within the CG zoning district, including large <br />individual department stores, could be developed on the site <br />via the conventional site plan approval process. Other uses <br />allowed within the CG district, such as drive-through <br />restaurants, unenclosed auction facilities, car washes, car <br />dealerships, fuel dealers, motels and hotels, could also be <br />allowed on the site. <br />• To request a PD special exception approval which would include <br />a waiver from the CL district's 40,000 square foot limitation <br />on individual department stores. The waiver provision is a <br />mechanism available only through the PD special exception <br />process. This option would ensure that the applicant could <br />construct only what was approved on the PD plan, and would <br />essentially grant a waiver to one specific land use criterion. <br />With this option, however, the overall Wal-Mart/Sam's site <br />would be split by the PD/CL zoning district boundaries. <br />In opting not to pursue the traditional rezoning or the PD special <br />exception alternatives, the applicant instead has chosen to rezone <br />the entire property to the PD zoning district. This option can <br />also provide for approval of the proposed use. <br />Incorporated as a new zoning district when the LDRs were first <br />adopted in 1991, the PD zoning district has been used a few times <br />in the county. Unlike all other zoning districts, the PD district <br />has no specific size or dimension criteria and no specific list of <br />allowed uses. Instead, the PD district relies on the underlying <br />land use plan designation for use and intensity limitations. As to <br />OCTOBER 1, 1996 <br />M <br />36 <br />
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