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7/27/1999
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7/27/1999
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
07/27/1999
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F - <br />BOOP( JOJ PAGE J56 <br />It is requested that the data herein presented be given formal consideration by the Board of County <br />Commissioners at its regular meeting of July 27, 1999. <br />This is a county initiated request to rezone t67 acres from the CG, General Commercial, District to <br />the RM -6, Multiple -Family Residential District (up to 6 units/acre). The subject property is located <br />on the north side of 53`d Street, approximately 600 feet east of US 1. <br />On March 28, 1989, the county approved a Development Order (DO) for a 747,000 square foot <br />regional mall (the Harbortown Mall) to be built on the subject property. That DO stated that if <br />several deadlines for commencing development activity were not met, then the DRI development <br />approval would be "undone" and terminated. <br />At the time of DO approval, a land use designation amendment was approved that changed the <br />designation of the subject property. That amendment redesignated the site from MD -1 (residential, <br />up to 8 units/acre) to Commercial Node. At that time, the site was also rezoned from RM -6 to CG. <br />Deadlines for commencing development activity were also associated with that Land Use <br />Designation Amendment. <br />On March 17, 1998, the county adopted comprehensive plan amendments based on its Evaluation <br />and Appraisal Report (EAR). Because the necessary deadlines to commence development of the <br />subject property had not been met, the EAR based amendments changed the land use designation <br />of the subject property from C/I to M-1. The purpose of this request is to change the zoning of the <br />site to be consistent with the its current land use designation. <br />On May 27, 1999, the Planning and Zoning Commission voted 5 to 0 to recommend that the Board <br />of County Commissioners approve the proposed rezoning. On July 13, 1999, the Board of County <br />Commissioners held a public hearing on the proposed rezoning. At that meeting, the Board voted <br />5 to 0 to hold a second public hearing on the proposed rezoning at its regular business meeting on <br />July 27, 1999. <br />State law provides some special requirements for rezoning requests, such as the subject request, that <br />are county initiated and involve more than ten acres. The most relevant of those special <br />requirements are the following: <br />• The Board must hold two advertised public hearings; <br />• One of the public hearings must be after 5:00 p.m. on a weekday, unless four Commissioners <br />vote to conduct that hearing at another time of day; and <br />• The second hearing must be held at least ten days after the first hearing and must be <br />advertised at least five days prior to the second hearing. <br />The first rezoning public hearing was held at the July 13, 1999 Board of County Commissioners <br />meeting. At that meeting, the Board voted 5 to 0 to hold the second rezoning public hearing at the <br />July 27, 1999 Board of County Commissioners meeting. Because that meeting meets the <br />requirements for the second hearing, the rezoning ordinance can be adopted following that public <br />hearing. <br />JULY 279 1999 <br />54 <br />
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