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