The Planning Commission (PC) held a public hearing on May 10, 2022 for the consideration of rezoning parcel ID # 0510156, a 27+ acre parcel that would be added to the Blue Heron Bluffs 2 Condominium Project if approved for rezoning from Conservation and Recreation (CR) to be Low Density Residential (LDR). After conducting the hearing the following motion was made:
It was moved by N. Frischkorn, seconded by A. Andres and carried 5-0 that after conducting a public hearing and review of the application and Staff Report for 02-REZ-05-22, the Planning Commission finds that the proposed rezoning is not consistent with the Community Master Plan and does not meet the requirements of the Land Development Code, Section 54.1405, and hereby recommends that the City Commission deny 02-REZ-05-22 for the following reasons:
- It is inconsistent with the Community Master Plan and the Future Land Use map; and
- The street system is inadequate; and
- The utilities and services as provided are inadequate; and
- The proposed rezoning could have negative impacts to surrounding land uses, specifically because of the density that could be allowed if this were to be rezoned.
Pursuant to Article 54.1405(H) of the Land Development Code, the property owner may propose conditions for the development and use of their property in conjunction with an application for rezoning, and "conditions may be proposed at the time of the application for rezoning is filed, or at a subsequent point in the process of review of the proposed rezoning." The applicant's representative/attorney has informed staff that a Conditional Rezoning Agreement will be prepared to address the concerns of the PC related to their recommendation to deny the request and that said Agreement will be provided by the first week of June (to be added to the agenda materials at the next step in the process) and is therefore requesting that a hearing be scheduled despite the PC's recommendation.
The request of the City Commission for a Conditional Rezoning of the 0510156 parcel, changes the "receiving" zoning district to Low Density Residential with Conditional Rezoning (LDR-CR), and a motion to approve or deny the request should reference the LDR-CR zoning district.