Policy 3.2 of the Future Land Use Element stags that no development shall be approved unless it
<br />is consistent with the concurrency management system component of the Capital Improvements
<br />Element. For rezoning requests, conditional concurrency review is required.
<br />Conditional concurrency review examines the available capacity of each facility with respect to a
<br />proposed project. Since rezoning requests are not projects, county regulations call for the
<br />concurrency review to be based upon the most intense use of the subject property based upon the
<br />requested zoning district. For commercial rezoning requests, the most intense use (according to the
<br />county's land development regulations) is retail commercial with 10,000 square feet of gross floor
<br />area per acre of land proposed for rezoning. The site information used for the concurrency analysis
<br />is as follows:
<br />1. Size of Area to be Rezoned:
<br />?. Land Use Designation
<br />3. Existing Zoning District:
<br />4. Proposed Zoning District:
<br />1 acre
<br />CIL Commercial/Industrial
<br />CL, Limited Commercial
<br />CH, Heavy Commercial
<br />5. Most Intense Use Under Existing Zoning District:
<br />10,000 sq. ft. of Retail Commercial (Shopping Center in the 6" Edition ITE Manual).
<br />6. Most Intense Use Under Proposed Zoning District:
<br />10,000 sq. ft. of Retail Commercial (Shopping Center in the 6" Edition ITE Manual).
<br />As per section 910.07(2) of the Concurrency Management Chapter of the County's Land
<br />Development Regulations, projects which do not increase density or intensity of use are exempt from
<br />concurrency requirements. This rezoning request is exempt from concurrency review because the
<br />requested zoning would not increase the use intensity of the site.
<br />By changing the zoning of the subject property from CL to CH, some commercial uses not currently
<br />allowed would be permitted on the site. However, because the most intense use of the property
<br />would be the same with either zoning district, changing the property's zoning from CL to CH would
<br />not create additional impacts on any concurrency facilities.
<br />In this case, a detailed concurrency analysis will be done in conjunction with site development. That
<br />concurrency analysis will address facility service levels and demand.
<br />Compatibilitv with the Surrounding Area
<br />Rezoning the subject property to the CH zoning district would be appropriate and would be
<br />compatible with surrounding areas. Becauseproperties to the north and south of the subject property
<br />are zoned CH, the subject request is for a continuation of an existing zoning pattern.
<br />Generally, sites such as the subject property that front on major roads may be appropriate for any one
<br />of several different commercial zoning districts, including CL, CG, and CH. In fact, this area of the
<br />county already reflects that type of mixed zoning.
<br />The existing CL district generally allows retail, restaurant, and office uses. Although the requested
<br />CH district allows some of the same uses, the CH district is generally more oriented towards
<br />contractor's trade, storage, and distribution uses. The transportation and access requirements of the
<br />uses permitted in each of those distncts dictate the need for frontage on or near major roads.
<br />Therefore, lots with frontage on US 1 and/or Old Dixie Highway may be appropriate for either CL
<br />or CH zoning.
<br />DECEMBER 4, 2001
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