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Rezoning Petition Submitted by Brightwaters Development & Land Co, LLC, on Behalf of Garry J. Van Broekhoven as Trustee of Garry J. Van Broekhoven Revocable Living Trust Dated December 31, 2018; and Alfred T. Van Broekhoven as Trustee of Alfred T. Van Broekhoven Revocable Living Trust Dated June 2, 2026 for Property Located on Cortez Boulevard/State Road 50 (REZ0000322026)
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BRIEF OVERVIEW
Rezoning Request:
Rezoning from C-3 (Neighborhood Commercial), AG (Agricultural), C-2 (Highway Commercial) RC (Recreation-Commercial) and R-1-MH (Manufactured Home) to PDP(HC)/Planned Development Project (Highway Commercial) with Specific C-4 use and with Deviations
General Location:
Southeast corner of SR 50 (Cortez Boulevard) and McKethan Road (US Hwy 98)
Parcel Key Number:
394692, 394772, 1007733
Summary of Applicant’s Request:
The petitioner is requesting a rezoning from C-3 (Neighborhood Commercial), AG (Agricultural), C-2 (Highway Commercial), RC (Recreation-Commercial) and R-1-MH (Manufactured Home) to PDP(HC)/Planned Development Project (Highway Commercial) with specific C-4 use and with deviations. The request is with the intent to develop the 29.3 acre subject site with a mixed-use commercial development totaling 395,000 square feet. Above and beyond the proposed PDP(HC)/C-2 uses, the petitioner has proposed Flex Space which will include C-4/(Heavy Highway Commercial) such as light wholesale and storage, workshops (i.e., welding, cabinet shops) and light manufacturing with or without outside storage. As part of the development the petitioner is requesting the following deviations from the standard Land Development Regulations (LDRs):
Requested Deviations:
1. Perimeter Setback Reductions
a. North (SR 50): 75’ (deviation from (125’)
b. West (US Hwy 98): 75’ (deviation from (125’)
2. Internal Building Setback Reductions
a. Sides: 10’ (deviation from 20’)
b. Rear: 20’ (deviation from 35’)
3. Perimeter Buffer Reduction
a. North (SR 50) 20’ (deviation from 35’)
b. West (US Hwy 98) 20’ (deviation from 35’)
c. East: 20’ (deviation from 35’)
d. South 20’ (deviation from 35’)
Public Hearing History:
On September 14 , 2026, Planning and Zoning Commission voted 4-0 to recommend the Board of County Commissioners adopt a resolution approving the petitioner’s request for Rezoning from C-3 (Neighborhood Commercial), AG (Agricultural), C-2 (Highway Commercial), RC (Recreation-Commercial) and R-1-MH (Manufactured Home) to PDP(HC)/Planned Development Project (Highway Commercial) with Specific C-4 use and with Deviations and modified performance conditions.
STRATEGIC PLAN INITIATIVES
The request is consistent with Strategic Theme A, "Economic and Workforce Development".
FINANCIAL IMPACT
A matter of policy. There is no financial impact.
LEGAL NOTE
The Board of County Commissioners 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 of County Commissioners approve the petitioner’s request for a Rezoning from C-3 (Neighborhood Commercial), AG (Agricultural), C-2 (Highway Commercial), RC (Recreation-Commercial) and R-1-MH (Manufactured Home) to PDP(HC)/Planned Development Project (Highway Commercial) with Specific C-4 use and with Deviations and performance conditions.