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FF - BOOK 0 4 PACE 5S6 The Board reviewed a Memorandum of February 25, 1998: TO: James E. Chandler County Administrator D TMENT HEAD CONCURRE Robert M. Keating, THROUGH: Sasan Robani, AICP ' Chie4 Long -Range Planning ) FROM: John Wachtel�t/ Senior Planner, Long -Range Planning DATE: February 25, 1998 RE: Thomas S. Hammond's Request to Amend the Comprehensive Plan to Redesignate f18.7 acres from M-2 to CII; and to Rezone those f18.7 acres from RS -6 to CG 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 March 10, 1998. This request involves both a Comprehensive Plan Future Land Use Map Designation amendment and a rezoning. Approximately 18.7 acres in size, the subject property is located approximately ''/e mile east of 431 Avenue, on the south side of 4111 Street. The land use amendment part of the request involves changing the land use designation from M-2, Medium -Density Residential -2 (up to 10 units/acre), to C/I, Commercial/Industrial. The rezoning part of the request involves changing the zoning from RS -6, Single -Family Residential District (up to 6 units/acre), to the CG, General Commercial, District. On October 9, 1997, the Planning and Zoning Commission voted 3 to 1 to recommend that the Board of County Commissioners approve the proposed land use amendment and rezoning. Although a majority of Planning and Zoning Commissioners present voted in favor of the 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. 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 On November 4, 1997, the Board of County Commissioners voted 5 to 0 to transmit the proposed land use amendment request to The Florida Department of Community Affairs (DCA) for their review. The Board of County commissioners is now to decide whether or not to adopt the requested land use designation amendment and zoning district amendment. MARCH 10, 1998