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File #: 13492   
Type: Resolution Status: Agenda Ready
File created: 1/12/2024 In control: Board of County Commissioners
On agenda: 2/13/2024 Final action:
Enactment date: Enactment #:
Title: Rezoning Petition Submitted by Silverstone Investment Properties, LLC (H2358)
Attachments: 1. H2358 Application Packet, 2. H2358 Staff Report, 3. H2358 Site Plan, 4. H2358 Maps, 5. H2358 P&Z Action, 6. H2358 BOCC Action, 7. H2358 Citizen Comment, 8. H2358 Resolution, 9. Affidavit of Publication of Legal Ad PD-23-45, 10. Approved Resolution No. 2024-037, 11. Summary of BOCC Action
Related files: 13389, 13272

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Rezoning Petition Submitted by Silverstone Investment Properties, LLC (H2358)

 

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BRIEF OVERVIEW

Request:

Rezoning from C-3 (Neighborhood Commercial) to  PDP(NC)/Planned Development Project (Neighborhood Commercial) with a Specific C-1 (General Commercial) Use with Deviations

 

General Location:

South side of Cortez Boulevard, approximately 480' west of Avenue of the Palms

 

P&Z Action:

On December 11, 2023, the Planning and Zoning Commission voted 5-0 to recommend the Board of County Commissioners adopt a resolution approving a rezoning from C-3 (Neighborhood Commercial) to PDP(NC)/Planned Development Project (Neighborhood Commercial) with a Specific C-1 (General Commercial) use for restaurant with or without alcohol dispensation for both parcels and with modified performance conditions.

 

Hearing Detail:

The following members were present at the December 11, 2023, Planning and Zoning Commission meeting: Chairman Nicholas Holmes, Vice Chairman W. Steve Hickey, Kathryn Birren, Johnathan McDonald, and Donald Whiting; Alternate members present in a non-voting capacity Gregory Arflack, and Mike Fulford.

 

BCC Action:

On January 9, 2024, the Board of County Commissioners voted 5-0 to postpone the petitioners rezoning request due to a State of Emergency for a storm event issued by the governor the day of the public hearing.

 

FINANCIAL IMPACT

A matter of policy.  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 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 C-3 (Neighborhood Commercial) to PDP(CM)/ Planned Development Project (Commercial Marine) and PDP(NC)/Planned Development Project (Neighborhood Commercial) with a Specific C-1 (General Commercial) use with performance conditions. It is further recommended that the Board authorize the Chairperson’s signature on the attached associated resolution.