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The Board reviewed a Memorandum of October 29, 1997: TO: James E. Chandler County Administrator CONCURRENCE THROUGH: Sasan Rohani, AICP • %� Chief, Long -Range Planning FROM: John Wachtel Senior Planner, Long -Range Planning DATE: October 29, 1997 RE: Thomas S. Hammond's Request to Amend the Comprehensive Plan to Redesignate Approximately 18.7 acres from M-2 to CA PLAN AMENDMENT NUMBER: LUDA 97-07-0166 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of November 4, 1997. DESCRIPTION AND CONDITIONS This is a request to amend the Comprehensive Plan and rezone approximately 18.7 acres, located approximately '/< mile east of 43'd Avenue, on the south side of 411 Street. The request involves changing the land use designation from M-2, Medium -Density Residential -2 (up to 10 units/acre), to C/l, CommerciaLgndustrial. On October 9, 1997, the Planning and Zoning Commission voted 3 to 1 to recommend that the Board of County Commissioners transmit the proposed land use amendment to the State Department of Community Affairs (DCA) for their review. Although a majority of Planning and Zoning Commissioners present voted in favor of the subject amendment request, Section 103.02.12 of the County Code states that any matter or application considered by a board or commission with more than five members must receive four or more votes for passage. Since the Planning and Zoning Commission has seven members and the subject application received only three affirmative votes, the favorable recommendation technically failed. Despite the failed motion, all comprehensive plan amendment requests are forwarded to the Board of County Commissioners for consideration. Therefore, the Board of County Commissioners is now to decide whether or not to transmit this land use designation amendment request to DCA for their review. Although not to be formally considered at this time, a request to rezone the subject property from RS -6, Single -Family Residential District, to the CG, General Commercial, District, is associated with this request. In contrast to plan amendment requests, which are always forwarded to the Board of County Commissioners regardless of the Planning and Zoning Commission recommendation, rezoning requests are forwarded to the Board only when the request receives a favorable recommendation from the Planning and Zoning Commission or when the applicant files an appeal within 15 days. In this case, the applicant filed the rezoning appeal within the necessary time period. If the Board transmits the subject land use designation amendment to DCA for their review, the Board will consider the rezoning request together with the land use designation amendment at the final adoption public hearing. NOVEMBER 4, 1997 31 BOOK 103 PAGE327