TITLE
title
Rezoning Petition Submitted by Brightwork Real Estate, Inc., on Behalf of Kenneth L. Haber, Martha Haber, Gary Haber, and Evelyn Haber (H2167)
body
BRIEF OVERVIEW
Request:
Rezoning from PDP(SU)/Planned Development Project (Special Use) to PDP(GC)/Planned Development Project (General Commercial) with specific C-2 Uses and deviations.
General Location:
Northeast corner of Commercial Way and Spring Hill Drive
BOCC Action:
On April 12, 2022, the Board of County Commissioners (BOCC) voted 5-0 to postpone the petitioner’s request for a rezoning from PDP(SU)/Planned Development Project (Special Use) to PDP(GC)/ Planned Development Project (General Commercial) with specific C-2 uses and deviations performance conditions until such time that a traffic access analysis is completed by the applicant and reviewed by staff. The Board did not feel that adequate substantial competent evidence regarding traffic was provided at the meeting to allow a decision. The traffic analysis shall include the following minimum information:
• Analysis of traffic patterns and impacts based on the proposed access points presented by the applicant.
• Analysis of traffic patterns and impacts based on the two access points on US Highway 19 (Commercial Way) as identified by the applicant and two inbound/outbound right-turn only access points from Pinehurst Drive.
• Analysis of traffic patterns and impacts based on the two access points on US Highway 19 (Commercial Way) and no access points from Pinehurst Drive.
• Potential for connection to an existing frontage road from Timber Pines Commercial Development directly north of the subject site.
Subsequent to the April 12, 2022, BOCC hearing and per BOCC direction, the petitioner submitted a Traffic Access Analysis for review by the County Engineer. Staff has provided an updated recommendation for the Board’s consideration incorporating direction from the County Engineer.
Hearing Detail:
This petition was postponed from the April 12, 2022, BOCC hearing. This petition was fully readvertised for the August 8, 2023, public hearing.
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.
recommendation
RECOMMENDATION
It is recommended that the Board adopt a resolution approving the petitioner’s request for a rezoning from PDP(SU)/Planned Development Project (Special Use) to PDP(GC)/ Planned Development Project (General Commercial) with specific C-2 uses and deviations with modified performance conditions. It is further recommended that the Board approve and authorize the Chairman’s signature on the attached associated resolution.