TO: Mayor and Commission AGENDA DATE: 2/19/2024
FROM: Interim City Manager AGENDA ITEM: 8 - A
SUBJECT:
Title
Motion for rehearing of Ordinance No. 03-2024, Request to amend the Official Zoning Map to rezone a +1.37-acre parcel of land located at 3150 Howland Boulevard from Professional Business (PB) to City of Deltona Retail Commercial District (C-1) - Jessica Entwistle, Planning & Development Services (386) 878-8600.
Strategic Goal: Economic Development
Body
LOCATION:
3150 Howland Blvd.
COST:
N/A
SOURCE OF FUNDS:
N/A
ORIGINATING DEPARTMENT:
Planning and Development Services
STAFF RECOMMENDATION PRESENTED BY:
N/A
POTENTIAL MOTION:
Recommendation
“I hereby move to grant a rehearing of Ordinance No. 03-2024 for the following reasons… for a date certain.”;
or
“I hereby move to deny a rehearing of Ordinance No. 03-2024 for the following reasons…”
END
BACKGROUND:
Background
The applicant proposed a rezone of 3150 Howland Boulevard for an Oil Change and 5,000 square foot retail building.:
On July 19, 2023, the Planning and Zoning Board voted (5 to 2) to recommend approval of Ordinance No. 03-2024.
On August 28, 2023, the City Commission voted (6-0) to send Ordinance No 03-2024 back to Planning and Zoning Board.
On December 13, 2023, the Planning and Zoning Board voted (6 to 1) to recommend approval of Ordinance No. 03-2024.
On January 16, 2024, the City Commission voted (3 to 2) to deny Ordinance No. 03-2024.
The applicant has requested a motion for rehearing per Section 110-1005. - Rehearing and administrative res judicata. This provision can be invoked if it is alleged that the City Commission, as the case may be, has overlooked or misapprehended some facts or points of law. The rehearing provision allows the aggrieved party to request the City Commission rehear the application if a motion is filed in writing to the Planning and Development Services Department, within 10 working days of the rendition of the decision, and stating grounds for the request. The movant shall serve it by certified mail or hand delivery upon the Mayor and the City Manager and all adjoining property owners previously notified of the hearing, together with a notice stating the date, time and place it will be orally presented to the commission.
Upon oral presentation by the aggrieved party, the Commission may grant the motion with stated reasoning for doing so, and set a time, date, and place for another public hearing upon due notice.
Staff provided a Rendition Letter to the applicant on January 17, 2024. The applicant filed a motion for rehearing on January 29, 2024, within the 10 working days of receipt of the Rendition Letter issued by staff.
For more information please refer to the motion for rehearing and attachments.
End