AGENDA ITEM REPORT
TITLE:
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AN ORDINANCE APPROVING THE REZONING REQUEST OF CRYSTALIS INC. AND CLARITY POINTE DEVELOPMENT PARTNERS, LLC, TO REZONE FROM A-1 (AGRICULTURAL DISTRICT) TO O-2 (LOCAL OFFICE) FOR THE PROPERTY LOCATED AT 5461 JOHNSON ROAD. (QUASI-JUDICIAL)(SECOND PUBLIC HEARING)
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BACKGROUND:
This item was approved on First Reading at the June 22, 2017, City Commission Meeting.
The request to rezone the property located at 5461 Johnson Road from A-1 (Agricultural District) to O-2 (Local Office District) to accommodate the Clarity Pointe development was previously approved on First Reading at the June 23, 2016, City Commission meeting. Shortly thereafter, the land owner and the buyer’s lender had a difference of opinion as to the legal effect of completing the rezoning on the subject property before closing. The concerns, among others, related to the potential loss of the agricultural exemption for ad valorem taxes, as well as the continuation of the use as legally non-conforming until such time as the use was discontinued to allow for the construction of the new project. The parties have reached a mutual understanding on these issues and are ready to proceed with the rezoning.
During the delay, the City adopted regulations pertaining to Special Facilities and the creation of a Medical Overlay District. This application is consistent with these new provisions.
The applicant, Cotleur & Hearing, as agent, on behalf of the owners, Crystalis Inc. and Clarity Pointe Development Partners, LLC, is requesting a rezoning approval from A-1 (Agricultural District) to O-2 (Local Office) for the 5.12 +/- gross acre site located at 5461 Johnson Road, to accommodate a memory care facility.
DISCUSSION:
The property, generally located on the north side of Johnson Road and east of State Road 7, has a Future Land Use Map Designation of Office Park (OP) and an Agricultural (A-1) zoning designation. The applicant is proposing to rezone the subject property from A-1 to O-2, which provides consistency with the Future Land Use Map.
The property is currently occupied and used as a landscape nursery. Concurrent with the rezoning application, the owner presented a site plan application for the development of a 60,972 square foot, two-story memory care facility with ninety-five (95) beds, consistent with the O-2 zoning requirements, which was approved by the Planning and Zoning Board on May 11, 2016.
PUBLIC INVOLVEMENT:
Per Section 13-36 (c), property owners within 500 feet of the subject property (10 property owners) were notified by mail of the rezoning request and invited to attend the City Commission meeting. A notice of rezoning public hearing sign was also posted on the property 14 days prior to the meeting. To date, staff has not received any public inquiries related to the project.
RECOMMENDATION:
The Planning and Zoning Board, at its May 11, 2016, meeting, recommended approval of the rezoning subject to the condition that outstanding DRC comments remain effective throughout the development review process and must be addressed prior to issuance of a building permit.
FISCAL IMPACT: N/A