Hernando County
Florida

P&Z Agenda Item
6909

F.2 H1213 - Teramore Development LLC:
Rezoning from PDP(MF)/Planned Development Project (Multifamily) to PDP(NC)/Planned Development Project (Neighborhood Commercial) with a Specific C-1 Use for Comparison Goods Store with Setback Reductions; West Side of Mariner Boulevard, Approximately 300' North of Portillo Road

Information

Department:Planning and ZoningSponsors:
Category:Planning and Zoning Rezoning

Body

Request:

Rezoning from PDP(MF)/Planned Development Project (Multifamily) to PDP(NC)/Planned Development Project (Neighborhood Commercial) with a specific C-1 use for Comparison Goods Store with setback reductions

 

General Location:

West side of Mariner Boulevard, approximately 300' north of Portillo Road

Meeting History

Aug 13, 2012 9:00 AM Video Planning and Zoning Regular Meeting

Representative: Darryl W. Johnston, Esq., Johnston and Sasser, PA

During introductions at the beginning of the meeting, School Board Representative J. Lisle Bozeman disclosed her contact with the applicant regarding the Hernando County School District signing an agreement modifying the restrictive covenant on the subject property.

Mr. DePablo reviewed the staff report. It is recommended that the Planning and Zoning Commission recommend that the Board of County Commissioners adopt a resolution approving the petitioner’s request to rezone from PDP(MF)/Planned Development Project(Multifamily) to PDP(NC)/Planned Development Project (Neighborhood Commercial) with a specific C-1 use for Comparison Goods Store with setback reductions and the following performance conditions:

1. The petitioner must obtain all permits from Hernando County and other applicable agencies and meet all applicable land development regulations, for either construction or use of the property, and complete all applicable development review processes.

2. The petitioner shall provide a six (6) foot PVC opaque fence along the north and south property lines adjacent to the existing residential parcels with (8) foot trees at the time of planting.

3. All onsite lighting shall provide for full cutoff fixtures and retain all light on site to prevent any light spillage into neighboring residential uses.

4. Minimum Building Setbacks:

Mariner Blvd: 75'

Side: 15' (deviation from 20')

Rear: 35'

5. The developer shall meet the minimum commercial design standards of the County’s LDR’s. In addition, the building facade facing north shall comply with the minimum commercial design standards for commercial facades.

6. The petitioner shall provide a cross-access easement from the parking lot and drive aisle to the PDP(OP) zoned parcel to the south.

7. The petitioner shall provide a revised plan in compliance with all of the performance conditions within 30 calendar days of BCC approval. Failure to submit the revised plan will result in no further development permits being issued.

Darryl W. Johnston, representing the petition, under oath, requested the rezoning to allow for a Dollar General store. He gave an overview of restrictive covenants placed on Spring Hill Unit 16 by the Deltona Corporation in the late 1960s, and how the applicant obtained the sufficient number of signatures from 54 parcel owners, including the Spring Hill Civic Association and Hernando County School Board, to modify the restrictive covenants to allow for the construction of the proposed use. He acknowledged that one parcel owner refused to sign the agreement and had submitted a letter of opposition, which was included in the public record. Mr. Johnston indicated the proposal was consistent with the comprehensive plan and compatible with the surrounding area, and he opined it would be beneficial to the neighborhood. He concurred with staff recommendations.

Addressing Comm. Riley's concern regarding maintenance of the fence referenced under condition #2, Mr. Johnston believed the fence would be placed directly on the property line with the vegetative buffer placed on the applicant's side of the fence.

Comm. Hammond was concerned with traffic congestion on Mariner Boulevard and asked if making a left turn onto the property would be problematic. County Engineer Brian Malmberg, under oath, noted there was an existing bi-directional turn lane along Mariner in front of the property.

There was no public comment.

Motion: Motion was made to recommend approval to the Board of County Commissioners per staff recommendations.

RESULT:ADOPTED [UNANIMOUS]
MOVER:Denis F. Riley, Commission Member
SECONDER:Lisa M. Hammond, Commission Member
AYES:Ronald Caldi, Robert F. Widmar, Denis F. Riley, Thomas Comunale, Lisa M. Hammond