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File #: 12545   
Type: Resolution Status: Adopted
File created: 7/14/2023 In control: Board of County Commissioners
On agenda: 8/8/2023 Final action: 8/8/2023
Enactment date: 8/8/2023 Enactment #: RES-2023-160
Title: Resolution Ratifying Denial of Rezoning Petition Submitted by Oak Development Group, LLC, on Behalf of Lesa Bruger, as Trustee of Land Trust No. One U/A/D February 2001 (H2276)
Attachments: 1. H-22-76 BOCC Action 7.11.2023, 2. H-22-76 BOCC Action 2.14.2023, 3. H-22-76 P&Z Action 6.12.2023, 4. H-22-76 Staff Report, 5. H-22-76 Oak Development Group, LLC Rezoning Petition, 6. H-22-76 Revised Master Plan, 7. H-22-76 Maps, 8. H-22-76 Non-Binding Capacity Analysis, 9. H-22-76 Application Packet, 10. H-22-76 Rezoning Application Narrative, 11. H-22-76 Denial Resolution, 12. H-22-76 Proof of Publication, 13. Approved Resolution No. 2023-160
Related files: 12435, 12266
TITLE
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Resolution Ratifying Denial of Rezoning Petition Submitted by Oak Development Group, LLC, on Behalf of Lesa Bruger, as Trustee of Land Trust No. One U/A/D February 2001 (H2276)

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BRIEF OVERVIEW
Request:
Rezoning from AG (Agricultural) to PDP(SF)/Planned Development Project (Single Family) and PDP(SU)/Planned Development Project (Special Use) with deviations.

Request:
Rezoning from AG (Agricultural) to PDP(SF)/Planned Development Project (Single Family) and PDP(SU)/Planned Development Project (Special Use) with deviations.

General Location:
Eastern terminus of Godwit Avenue and Gyrafalcon Avenue and south of Seely Lane

P&Z Action:
On June 12, 2023, the Planning and Zoning Commission voted 5-0 to recommend the Board of County Commissioners adopt a resolution approving the petitioner's request for a Rezoning from AG (Agricultural) to PDP(SF)/Planned Development Project (Single Family) with deviations and with revised modified performance conditions. Subsequent to the Planning and Zoning meeting, a request was received from the applicant to withdraw the application due to the fact that the petitioner was no longer under contract to purchase the subject parcel.

Hearing Detail:
On July 12, 2023, the Board of County Commissioners acknowledged the withdrawal request and voted 5-0 to deny the petitioner's request for a rezoning from AG (Agricultural) to PDP(SF)/Planned Development Project (Single Family) and PDP(SU)/Planned Development Project (Special Use) with deviations on this basis.

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 to the Planned Development District and applicab...

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