12/17/2024 (2) - Laserfiche WebLink

Home Browse Search

Board of County Commissioners Meeting Minutes - Final December 17, 2024 Attachments: Staff Report Existing Zoning Map Existing Future Land Use Map Rezone Application Draft Ordinance Chairman Flescher introduced the parties for the proceeding as being CJB Holdings, LLC, and Donald Proctor, Sr. (Applicant). Each Commissioner, as requested by the Chairman, disclosed ex parte communications, site visits, or independent investigations. The Commissioners also affirmed that they have an open mind and can base their decisions on the evidence presented and the applicable law. The Chairman opened the Public Hearing, and the Deputy Clerk administered the Oath to all persons who wished to speak at the hearing. Senior Planner Cindy Thurman, Long Range Planning, presented the Board with staff s analysis of the Applicant's rezoning request from CG, General Commercial District, to OCR, Office, Commercial, Residential District. The presentation provided context for the property and the intended rezoning area. Ms. Thurman then detailed staffs analysis based on consistency with the criteria laid out in Section 902.13(3) of the County's Code, finding that the rezoning proposal did not meet the criteria under Items B, F, I, and J. Staff concluded that the OCR district was incompatible with the surrounding development patterns, inconsistent with Policy 1.43 of the County's Comprehensive Plan, not situated for transitional zoning, and did not meet all of the adopted policies of the Comprehensive Plan; staff did not recommend approval of the request. The presentation noted that the Planning and Zoning Commission had recommended approval of the request at its November 14, 2024 meeting. The Board entered into discussion with Ms.Thurman and Chris Balter, Planning and Development Services Director, regarding discussions at PZC meeting, staffs future -focused presentation, long-term development patterns, and the possibilities for development under the existing commercial zoning. Pete Sweeney, attorney with Block and Scarpa, appeared on behalf of the Applicant with questions for staff. The questions concerned the Applicant's requested use, Land Development Regulations' criteria, staff s presentation, and confirmation of the quasi-judicial nature of the PZC meeting. Attorney Sweeney went on to give a presentation which elaborated the reasons why the Applicant believed the Board should side with the PZC recommendation. Attorney Sweeney submitted a letter from the School Board (also entered into evidence at the PZC meeting) which owned property nearby. The Board entered into discussion with Attorney Sweeney, noting the Board had the authority to find counter to the PZC; Mr. Sweeney suggested a possible procedural Indian River County, Florida Page 14