is an existing developer who will own and maintain the property. Commissioner
Zembower inquired if they are committing to do bear-resistant dumpsters, and Ms. Farr
responded yes.
Commissioner Dallari commented people have complained in other areas about
hearing drive-through speakers, and it is important that the speakers are put in the right
location and pointed away from homes. He inquired what will be done to control the
sound and what the hours of operation will be. Ms. Farr responded they will try to point
the speakers away; but it may not be possible for every one depending on the design.
They can do landscaping. There is currently a six-foot wall in place behind the
neighborhood they will repair and improve. They can also, if needed, add a wall and
landscaping behind the speakers to mitigate any sound. Commissioner Dallari
commented he would like more commitment.
Commissioner Herr stated this is a straight rezone. If this came through as a PD, they
could have discussions, but a straight rezone doesn't allow that. Deputy County
Attorney Neysa Borkert addressed the Board and confirmed there is no development
order (D.O.) issued with conditions that are placed on a straight rezone. Commissioner
Herr doesn't understand why they would not access this from 46 as opposed to the
neighborhood road, which is a small road that goes into the neighborhood, has no
outlet on the other end, and will result in U-turns. Three fast-food restaurants in front of
this neighborhood coming from agricultural does not seem compatible to her and
especially coming through this type of zoning request. She read Policy FLU 5.3.3
Special Provision B which states commercial developments adjacent to existing
residential neighborhoods should be developed as Planned Developments with flexible
site design to provide buffers, maintain existing tree cover, allow for adequate and safe
pedestrian and bicycle connections between the Planned Development and existing
residential neighborhoods and maximize visual compatibility with the surrounding
neighborhoods. She stated since this request is directly adjacent to an existing
residential development, it does not comply with this policy. PD rezoning would be the
most appropriate method to create a good environment for both the existing property
owners in the neighborhood and the property owner of this parcel.
Motion by Commissioner Herr, seconded by Commissioner Constantine, to find, based
on Staff’s findings and the testimony and evidence received at the hearing, the request
does not meet the identified portions of the Land Development Code, and denies an
Ordinance enacting a rezone from A-1 (Agriculture) to C-1 (Retail Commercial) on
approximately 4.32 acres, located on the northwest corner of W SR 46 and Henderson
Lane; Andrew Hill/Grey Seven, LLC, Applicant; as described in the proof of publication.
Under discussion, Commissioner Zembower inquired how staff supported this request.
Ms. Sillaway explained it is consistent with the area and there are other C-1 uses in the
area. When they do a straight rezone to C-1, the buffer code at the time of site plan
provides adequate buffering against the adjacent residential properties. The
Commissioner confirmed with Ms. Sillaway that Planning and Zoning unanimously
moved this forward.
Ms. Borkert advised Florida statutes requires the reasons for a motion for denial to be
put on the record. She recommended withdrawing the motion and making a new
motion stating for the record the specifics for the denial, which will help staff when they
