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","F". 1 Compared to the CL district, the CH district allows more storage and repair types of uses. For that reason, the CH district can he anticipated to Generate slight1 greater impacts in terms of noise and aesthetic concerns. The CL district, however, allows several retail uses not allowed in the CH district. Those retail uses Generate more trips than storage and repair types of uses generate. Therefore, in terms of traffic~ generation, the CL district can be anticipated to cause slightly greater impacts. In this case, the primary impacts associated with the request would be on the CL zoned residence abutting the subject property to the south. At the October 25, 2001 Planning and Zoning Commission meeting, a question arose regarding access for the residence. As a result of the applicant's actions (described in the Existing Land Use Pattern section, at the top of page 3 of this staff report) to redirect access to the residence, there is now a dispute between the applicant and the owner of the residence. That access dispute, however, does not involve the zoning of the subject property and has no relevance or relationship to the subject request, which is to rezone the subject property from CL to CH. As a legally -established nonconforming use, the residence may continue at that site until the residential use has ceased for one year, at which point the residence cannot be re-established. Additionally, nonconforming uses cannot be expanded. The county anticipates that, eventually, most residential uses on C/I designated land will be replaced with C/I uses. As with all commercial development, site design and buffering also can work towards mitigating potential impacts. In this case, county regulations require that development on CH zoned land located next to single family development most provide a type B vegetative buffer with a six foot high opaque feature. Type B buffers must be at least 20 feet wide. For those reasons, development of the site under the requested CH district would not be incompatible with surrounding areas. Consistency with Comprehensive Plan Rezoning requests are reviewed for consistency with all policies of the comprehensive plan. Rezonings must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map, which include agriculture, residential, recreation, conservation, and commercial and industrial land uses and their densities. Commercial and industrial land uses are located in nodes throughout the unincorporated areas of Indian River County. The goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are Future Land Use Element Policies 1.15 and 1.16. Future Land Use Element Policies 1.15 and 1.16 Future Land Use Element Policy 1.16 states that the commercial/industrial land use designation shall permit uses that include repair services, storage and distribution services, and other similar uses. In addition, Future Land Use Element Policy 1.15 states that all commercial/industrial uses must be located within the county's urban service area. Since the subject property is located within the county's urban service area, and the requested CH district is intended for uses permitted within the commercial/industrial land use designation, the request is consistent with Future Land Use Element Policies 1.15 and 1.16. DECEMBER 4, 2001 // -69- Y � -co 11 Y 6: Compared to the CL district, the CH district allows more storage and repair types of uses. For that reason, the CH district can he anticipated to Generate slight1 greater impacts in terms of noise and aesthetic concerns. The CL district, however, allows several retail uses not allowed in the CH district. Those retail uses Generate more trips than storage and repair types of uses generate. Therefore, in terms of traffic~ generation, the CL district can be anticipated to cause slightly greater impacts. In this case, the primary impacts associated with the request would be on the CL zoned residence abutting the subject property to the south. At the October 25, 2001 Planning and Zoning Commission meeting, a question arose regarding access for the residence. As a result of the applicant's actions (described in the Existing Land Use Pattern section, at the top of page 3 of this staff report) to redirect access to the residence, there is now a dispute between the applicant and the owner of the residence. That access dispute, however, does not involve the zoning of the subject property and has no relevance or relationship to the subject request, which is to rezone the subject property from CL to CH. As a legally -established nonconforming use, the residence may continue at that site until the residential use has ceased for one year, at which point the residence cannot be re-established. Additionally, nonconforming uses cannot be expanded. The county anticipates that, eventually, most residential uses on C/I designated land will be replaced with C/I uses. As with all commercial development, site design and buffering also can work towards mitigating potential impacts. In this case, county regulations require that development on CH zoned land located next to single family development most provide a type B vegetative buffer with a six foot high opaque feature. Type B buffers must be at least 20 feet wide. For those reasons, development of the site under the requested CH district would not be incompatible with surrounding areas. Consistency with Comprehensive Plan Rezoning requests are reviewed for consistency with all policies of the comprehensive plan. Rezonings must also be consistent with the overall designation of land uses as depicted on the Future Land Use Map, which include agriculture, residential, recreation, conservation, and commercial and industrial land uses and their densities. Commercial and industrial land uses are located in nodes throughout the unincorporated areas of Indian River County. The goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions which the county will take in order to direct the community's development. As courses of action committed to by the county, policies provide the basis for all county land development decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are Future Land Use Element Policies 1.15 and 1.16. Future Land Use Element Policies 1.15 and 1.16 Future Land Use Element Policy 1.16 states that the commercial/industrial land use designation shall permit uses that include repair services, storage and distribution services, and other similar uses. In addition, Future Land Use Element Policy 1.15 states that all commercial/industrial uses must be located within the county's urban service area. Since the subject property is located within the county's urban service area, and the requested CH district is intended for uses permitted within the commercial/industrial land use designation, the request is consistent with Future Land Use Element Policies 1.15 and 1.16. DECEMBER 4, 2001 // -69- -co 11 Y 6: Y A>, i $ M Y 6: