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Substantial Change

Substantial Change. Granada Planned Development Land Use Plan. Due Process. Substantially affected Standing as defined in Florida Statutes Section 163.3215. Purpose of Zoning. Euclid v. Ambler Realty Co.

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Substantial Change

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  1. Substantial Change Granada Planned Development Land Use Plan

  2. Due Process • Substantially affected • Standing as defined in Florida Statutes Section 163.3215

  3. Purpose of Zoning Euclid v. Ambler Realty Co. The court determined that there was a valid government interest in maintaining the character of a neighborhood and in regulating where certain land uses should occur. “A nuisance may be merely a right thing in the wrong place, -- like a pig in the parlor instead of the barnyard.”

  4. Comprehensive Plan • Requires competent, substantialevidence • Not just policy to attempt to follow, but mandatory • Any action taken by BCC must be consistent with the Comprehensive Plan • Mr. Wadley provided expert testimony stating that the project is NOT consistent with the Comprehensive Plan

  5. Traffic • No traffic study provided • Not enough entitlements • “Cult-like” following of Trader Joe’s

  6. WECT6 322 Shipyard Boulevard, Wilmington, NC 28412 Main Phone : (910)791-8070 / Newsroom: (910)791-8010

  7. WECT6 322 Shipyard Boulevard, Wilmington, NC 28412 Main Phone : (910)791-8070 / Newsroom: (910)791-8010

  8. Parking • Less than 97 spaces includes parking for the grocery store, restaurant and park • Developer often seeks reduction in parking after initial approval (Dellagio and Winter Park, for example)

  9. Church • Community needs churches • VPK Students have nowhere to go • Churches meeting in schools and funeral homes

  10. Misstatements • Drug Rehab

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