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Resolution Ratifying Denial of Rezoning Petition Submitted by NVR, Inc., on Behalf of Banc Development Limited and Emerson Capital Group, LLC, for Property Located on Cortez Boulevard/State Road 50 (H2453)
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BRIEF OVERVIEW
Request:
Rezoning from CPDP (Combined Planning Development Project) with GC (General Commercial) and SF (Single-family) uses, and CPDP (Combined Planning Development Project) with OP (Office Professional) and Congregate Care Facility uses, to PDP(MF)/ Planned Development Project (Multifamily) for the development of a townhome community and to establish an associated master plan.
General Location:
South side of Cortez Boulevard (SR 50) at its intersection with Oxley Road, reaching Emerson Road approximately 940' south of its intersection with Cortez Boulevard (SR 50)
P&Z Action:
On December 9, 2024, the Planning and Zoning Commission voted 3-2 to recommend the Board of County Commissioners adopt a resolution approving the petitioner’s request for rezoning from CPDP (Combined Planning Development Project) to PDP(MF)/Planned Development Project (Multifamily) with deviations and modified performance conditions.
Hearing Detail:
On January 28, 2025, the BOCC voted to postpone the petitioners request to the March 25, 2025, hearing, in order to provide additional time for the petitioner to review BOCC comments and potential changes to the Master Plan with County staff.
On March 25, 2025, the BOCC voted to postpone the petitioners request to a date certain of May 6, 2025.
On May 6, 2025, the Board of County Commissioners voted 5-0 to adopt a resolution denying the petitioner’s request for a rezoning from CPDP (Combined Planning Development Project) with GC (General Commercial) and SF (Single-family) uses, and CPDP (Combined Planning Development Project) with OP (Office Professional) and Congregate Care Facility uses, to PDP(MF)/ Planned Development Project (Multifamily) for the development of a townhome community and to establish an associated master plan. Denial was based on intensity of the project and environmental impact concerns.
FINANCIAL IMPACT
A matter of policy. No financial impact.
LEGAL NOTE
The Board has the authority to make the requested rezoning decision pursuant to Chapters 125 and 163 Florida Statutes. The Applicable Criteria for a Zoning District Amendment are contained in Appendix A (Zoning Code), Article VI. The Applicable Criteria for a PDP are found in Appendix A (Zoning Code), Article VIII. The Zoning District Amendment must be consistent with the Comprehensive Plan.
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RECOMMENDATION
It is recommended the Board adopt and authorize the Chairman’s signature on the attached resolution ratifying the Board’s action to deny the petitioner’s request for a rezoning from CPDP (Combined Planning Development Project) with GC (General Commercial) and SF (Single-family) uses, and CPDP (Combined Planning Development Project) with OP (Office Professional) and Congregate Care Facility uses, to PDP(MF)/ Planned Development Project (Multifamily) for the development of a townhome community and to establish an associated master plan.