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Rezoning Petition Submitted by Coastal Engineering Associates, Inc., on Behalf of Joshua M. Whitney, Craig Gruber and Harold D. Werder for Property Located on Powell Road (H2438)
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BRIEF OVERVIEW
Request:
Rezoning from AR-2 (Agricultural Residential 2) to PDP(MF)/Planned Development Project (Multifamily) with deviations.
General Location:
Several parcels on the north side of Powell Road starting approximately 165' west of Orlando Avenue and ending approximately 1,350' from Silver Ridge Boulevard
P&Z Action:
On March 10, 2025, the Planning and Zoning Commission voted 5-0 to deny the petitioner’s request for a rezoning from AR-2 (Agricultural Residential-2) to PDP(MF)/Planned Development Project (Multifamily) with deviations due to lack of compatibility with the surrounding properties.
On March 13, 2025, the petitioner’s representative submitted a request that the petition be postponed until June 3, 2025, in order to provide the petitioner additional time for a more comprehensive review of the proposal and allow the petitioner the opportunity to address concerns expressed during the Planning and Zoning meeting.
FINANCIAL IMPACT
A matter of policy. There is 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 PDP are found in Appendix A (Zoning Code), Article VIII. The Zoning District Amendment must be consistent with the Comprehensive Plan.
The applicable criteria for a Zoning District Amendment are contained in Appendix A (Zoning Code), Article VI. Appendix A, Article VI, Section 1(A)(1), requires authorization from the “current owner of record of any parcel of land” for a rezoning amendment petition. Harold David Werder claims ownership of Parcels Number: 193294, 1126052, and 193392 via Adverse Possession. These parcels are subject to a pending Quiet Title Action (Case No.: 2024-CA-001146). A person can be considered the owner of the property before the resolution of a Quiet Title action, if they meet the statutory requirements for adverse possession. However, the County is not obligated to recognize this claim as a basis for property rezoning without further legal validation. The legal validity of the applicant’s claim is a legal determination that will be made in the pending case. Note: As of March 25, 2025, Case No.: 2024-CA-001146 is pending; summons has been issued for twenty-three (23) defendants, with some remaining “unserved”.
It is the recommendation of the County Attorney’s Office that the Board delay acting on the applicant’s rezoning petition until the Judge renders a ruling in the quiet title action.
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RECOMMENDATION
It is recommended that the Board decide whether or not to grant the petitioner’s request to postpone hearing the matter to a date certain of June 3, 2025. If the postponement is not granted, it is recommended that the Board adopt and authorize the Chairman’s signature on the attached resolution approving the petitioner’s request for a rezoning from AR-2 (Agricultural Residential-2) to PDP(MF)/Planned Development Project (Multifamily) with deviations and performance conditions.