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Rezoning Petition Submitted by Mark Keschl of Meridien Development, LLC, on Behalf of Gary Haber, Evelyn Haber, Kenneth L. Haber, and Martha Haber for Property Located on Commercial Way (H2482)
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BRIEF OVERVIEW
Request:
Rezoning from PDP(SU)/Planned Development Project (Special Use) to PDP(GC)/Planned Development Project (General Commercial) with a Specific C-2 use for drive-in restaurant with deviations.
General Location:
Northeast corner of Commercial Way and Spring Hill Drive
P&Z Action:
On June 9, 2025, the Planning and Zoning Commission voted 3-2 to recommend the Board of County Commissioners 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 a specific C-2 use for a drive-in restaurant with deviations and modified performance conditions.
BOCC Action:
On August 5, 2025, the Board of County Commissioners 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 a Specific C-2 use for drive in restaurant with deviations to a future hearing date with all readvertising costs being paid by the applicant. Revised site plan and traffic study will be provided by the applicant for inclusion in the agenda packet.
Subsequent to the BOCC action on August 5, 2025, the petitioner provided a revised traffic analysis meeting the requirements of the Board. The Department of Public Works provided the following comments:
A revised traffic access analysis (revised date of September 2025) was submitted for review, the Department of Public Works Engineering has no objections to this project moving forward in the rezoning process at this time; however, should the driveway locations, access connections be revised by any other entity, this will require a revised master plan.
FINANCIAL IMPACT
A matter of policy and 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 and authorize the Chairman’s signature on the attached 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 a specific C-2 use for a drive-in restaurant with deviations and performance conditions.