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Board of County Commissioners Meeting Minutes - Final January 28, 2025 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. Long Range Senior Planner Cindy Thurman presented staff's analysis of the Applicant's appeal of the Planning and Zoning Commission's (PZC) November 14, 2024 decision to deny rezoning 4.2 acres from CL (Limited Commercial District) to CH (Heavy Commercial District). Ms. Thurman's presentation of the Applicant's request, noted that CL was meant for limited commercial activities that served nearby residents while CH zoning allowed broader commercial activities like light manufacturing. The proposed change was analyzed against the criteria set in the Land Development Regulations contained in Chapter 902.12(3) of the County's code. Several criteria were found not to be met, including concerns about the compatibility of heavy commercial use with nearby residential properties. The Planning and Zoning Commission had voted 5-1 to deny the request, stating it was inconsistent with the County's Comprehensive Plan and did not fit well with the surrounding area. The denial was appealed by the Applicant which argued that the decision was based on misapprehension and incompatibilities that were legally unfounded. Detailed analysis of the denial to rezone and staffs response to the appeal claims were contained in staff s memo dated January 15, 2025. Staff concluded that the rezoning denial should be upheld, emphasizing the need to maintain a balance between commercial and residential areas, and maintain alignment with the County's long-term development goals. Chairman Flescher received clarification that the request was compatible with the land use, but the rezoning request was not in harmony with the rest of the Comprehensive Plan and Land Development Regulations. Attorney for the Applicant Bruce Barkett presented on behalf of the Applicant who was appealing the PZC denial. Attorney Barkett detailed the Applicant's position that there was a misapprehension of the law, and suggested the PZC's decision may have been made with incomplete information. Attorney Barkett submitted a letter into the record from Neil Hockenhull, who supported approving the rezoning request. The Board entered into discussion with Attorney Barkett and staff regarding the term residential development, excerpts from the PZC minutes addressing what information was had at the time of the hearing, and clarification regarding the timeline of adjacent rezoning decisions. Indian River County, Florida Page 12