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F_ Commissioner Adams found it odd that under CL or CG, one zoning category allowed a drive-through discount beverage store and the other did not. She felt the existing drive-through discount beverage store was the grossest, nastiest looking place and that beautiful oak trees had been cut down to accommodate it. Commissioner Macht commented that the Board had not paid enough attention to transition zoning and they needed to pay more attention to it. Chairman Eggert pointed out that many shopping centers exist surrounded by multiple -family housing. Commissioner Macht commented that multiple -family is a transition. The Chairman opened the public hearing and asked if anyone wished to be heard in this matter. Attorney Bruce Barkett advised that he was present on behalf of the applicant and was available to answer any questions. He commented that the request for rezoning is compatible with the Comprehensive Plan and surrounding land use. It is at an intersection that is undergoing improvement in both directions. He advised that when talking of transition zoning, you start at the busiest intersection with the most intense zoning. It was determined that no one else wished to be heard and the Chairman closed the public hearing. MOTION WAS MADE by Commissioner Adams, SECONDED BY Commissioner Ginn, to adopt the ordinance in accordance with staff's recommendation. Commissioner Tippin wanted to be sure the rare magnolia tree in the area is preserved and not destroyed during construction. Attorney Barkett thought that the tree was on Department of Transportation (DOT) right-of-way. THE CHAIRMAN CALLED THE QUESTION and the motion carried unanimously. (Ordinance No. 97-02 adopted) Commissioner Adams requested that staff be directed to pursue with DOT to save the magnolia tree. 42 bwx lui -f$a &8 January 21, 1997 � � r