Search terms: * |
BOOK – 2011Z - B.O.C.C.-----------------------------------
------------------------------------------
-----------------------------------------
--PAGE: 554
DECEMBER 5, 2011
The
Zoning Meeting
of the
was held this date with the following
Commissioners present:
COMMISSIONER BIGELOW WAS ABSENT FOR THE ENTIRE MEETING.
The Chairman called the meeting to order at 9:30 a.m.
A COPY OF THE
HEARING EXAMINER’S RECOMMENDATION
IS ON FILE IN THE MINUTES
OFFICE.
REQUEST: Rezone 77+/- acres from Mobile Home Planned Development (MHPD) to
Environmentally Critical (EC). This project will not connect to existing potable water
and sanitary sewer.
Community Development Principal Planner Alvin “Chip” Block reviewed the request, noted that Staff and Hearing
Examiner (HE) both recommended approval, and noted that there were no Participants of Record. Commissioner
Judah moved approval, seconded by Commissioner Hall. The motion was called and carried with Commissioner
Bigelow absent.
RESOLUTION NO. Z-11-027
NAME: SOUTHTRAIL PLAZA
REQUEST: Rezone +/- 1.91 acres from Agricultural (AG-2) and Community Commercial (CC) to
Commercial Planned Development (CPD) to bring existing development into
square feet of commercial floor area. The maximum height proposed is 35 feet. No
development blasting is proposed. Any development will connect to public potable
water service and public sanitary sewer service.
Community Development Principal Planner Alvin “Chip” Block reviewed the request, noted that the Hearing
Examiner (HE) recommended approval, and requested that in any recommendation of approval the Board also
consider the changes in the memorandum to the Board from Senior Planner Tony Palermo, and noted that the
Applicant agree to those changes. There were no Participants of Record. Assistant County Attorney John Fredyma
and Mr. Palermo provided clarification. Commissioner Hall moved approval as amended, seconded by Commissioner
Mann. Following confirmation by Mr. Palermo with regards to the Britt’s Carpet sign that it has a 10 year duration,
the motion was called and carried, with Commissioner Bigelow absent.
RESOLUTION NO. Z-11-017
----------------------------------------
--------APPROVED MINUTES OF 120511Z----------------------------------
------------------------------
BOOK – 2011Z - B.O.C.C.-----------------------------------
------------------------------------------
-----------------------------------------
--PAGE: 555
NAME:
REQUEST:
LOCATION:
NORTH POINT DRI
Notice of Proposed Change (NOPC) to the DRI Development Order for North Point
DRI (State DRI #05-0203-162) to extend the buildout date from December 31, 2012 to
December 30, 2015.
Community Development Principal Planner Alvin “Chip” Block reviewed the request, noted that Staff and Hearing
Examiner (HE) both recommended approval, and stated that there were no Participants of Record. Attorney Charles
Basinait of Henderson, Franklin Law Firm, on behalf of the applicant, confirmed the applicant’s request was to extend
the build-out date from December 31, 2012 to December 30, 2015. Commissioner Hall moved approval of the 1
st
Alternative of the HE, seconded by Commissioner Mann. After Chief Assistant County Attorney Donna Marie
Collins and Assistant County Attorney Michael Jacob provided clarification on difference between the Alternative
Language on page 6 of the HE’s recommendation and page 21 of the proposed Resolution, the motion was called and
carried, with Commissioner Bigelow absent.
(Affidavit)
RESOLUTION NO. Z-11-025
NAME: OWENBY COMMERCIAL PLANNED DEVELOPMENT
REQUEST: Rezone 1.23± acres from Agricultural (AG-2) and Commercial (C-2) to Commercial
Planned Development (CPD) to allow for a maximum of 10,005± square feet of
commercial and light industrial uses including vehicle and equipment dealers (Groups
I, II & III). The maximum building height is 35 feet. The development is connected to
potable water and sanitary sewer.
Community Development Principal Planner Alvin “Chip” Block reviewed the request, noted that Staff and Hearing
Examiner (HE) both recommended approval with conditions, and stated that there was one (1) Participant of Record.
Commissioner Judah moved approval, seconded by Commissioner Hall. The Chairman called on the Participant of
Record; however, no one came forward. The motion was called and carried, with Commissioner Bigelow absent.
RESOLUTION NO. Z-11-026
NAME: THE GULFCOAST HEALTH PARK CPD
REQUEST: Rezone of 17.05 +/- acres from Agriculture District – AG-2 and Commercial Planned
Development-CPD to Commercial Planned Development-CPD to allow for the
development of a maximum of 160,000 square feet of commercial use, 130 hotel
rooms, and assisted living facility with a density equivalency of 125 dwelling units.
The proposed maximum building height is 75 feet (7 stories). The development will
connect to potable water and sanitary sewer. No development blasting is proposed.
Community Development Principal Planner Alvin “Chip” Block reviewed the request, stated that Staff and Hearing
Examiner (HE) both recommended approval with conditions, noted the HE’s corrective memorandum dated
----------------------------------------
--------APPROVED MINUTES OF 120511Z----------------------------------
------------------------------
BOOK – 2011Z - B.O.C.C.-----------------------------------
------------------------------------------
-----------------------------------------
--PAGE: 556
10/20/2011, and stated that there were two (2) Participants of Record. Attorney Neale Montgomery, of the Pavese
Law Firm, representing the applicant, further reviewed the request and responded to questions. Following further
Board discussion, Commissioner Hall moved to accept the HE’s recommendation to allow consumption on premises
and eliminate fast food restaurants with drive-throughs and allow fast food without drive-throughs, and including the
HE’s memorandum of 10/20/2011, seconded by Commissioner Mann, called and carried with Commissioner Bigelow
absent.
RESOLUTION NO. Z-11-018
NAME:
REQUEST:
Rezone 0.89+/- acres from Commercial (C-2) and Single-family Residential (RS-1) to
Commercial Planned Development (CPD). The proposed project consists of
converting 2,633 square feet of existing single-family residence use, to a proposed
3,399 square feet building, for commercial/retail uses and 1,535 square feet building
for office use. Maximum height proposed is 35 feet. No development blasting is
proposed. The development is connected to public potable water service, and currently
utilizes an on-site sewage treatment system but will connect to central sewer in Phase
2.
PROPERTY OWNER’S
REPRESENTATIVE: I K Steuart, Barbot, Steuart & Associates
239-936-7353
Community Development Principal Planner Alvin “Chip” Block reviewed the request, noted that Staff and Hearing
Examiner (HE) both recommended approval with conditions, and stated that there were three (3) Participants of
Record. Board discussion ensued with Mr. Block responding to questions. Applicant/Property owner Rodolfo
Naranjo addressed the Board. The Chairman called on the Participants of Record and the following citizens came
forward:
Attorney Neysa Borkert of Pavese Law Firm speaking on behalf of an adjacent neighbor
Development Review Senior Engineer Robert Price and Zoning Division Senior Planner Shawn Lamey provided
clarification. Mr. Naranjo provided further explanation of the case. During Board comments, Chief Assistant County
Attorney Donna Marie Collins provided legal opinion concerning the proposed use. At the request of Staff and the
Applicant, Chairman Manning called for a brief break.
Following a short break, the Chairman called the meeting back to order with all Commissioners present with the
exception of Commissioner Bigelow.
Attorney Collins opined that the only legal impediment to rezoning to Commercial Planned Development (CPD) is the
request to maintain the Residential use to the site. Following Board discussion, Mr. Naranjo confirmed withdrawal of
the residential uses if the Commercial Planned Development (CPD) moves forward. Commissioner Hall moved
approval of the Staff recommendation, recognizing that the applicant has withdrawn the request for a residential use to
continue after the zoning, along with the flexibility to relocation of the dumpster. Commissioner Manning turned the
gavel over to Commissioner Judah and seconded the motion. Following Board discussion, the motion was called and
carried, with Commissioner Mann dissenting, and Commissioner Bigelow absent.
RESOLUTION NO. Z-11-019
The Chairman adjourned the meeting at 11:05 a.m.
__________________________
_____________________________
----------------------------------------
--------APPROVED MINUTES OF 120511Z----------------------------------
------------------------------