Subject:
Title
Alexis Raul and Rosemary Estevez DeJesus request a zoning classification change from BU-1 with a BDP to BU-1 with removal of a BDP. (25Z00003) (Tax Account 2004581) (District 1)
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Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Board of County Commissioners conduct a public hearing to consider a change of zoning classification from BU-1 (General Retail Commercial) with a BDP to BU-1 (General Retail Commercial) with removal of a BDP.
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Summary Explanation and Background:
The applicant is requesting a change of zoning classification from BU-1 (General Retail Commercial) with BDP (Binding Development Plan) to BU-1 on 1.18 acres (i.e. removal of the BDP). The applicant wants to have all BU-1 uses available (the applicant stated at the November 17, 2025 Planning and Zoning board meeting that this is to make the property more marketable for sale).
On July 30, 2007, the subject property received approval for a rezoning along with a Small-Scale Comprehensive Plan Amendment (SSCPA). The zoning classification changed from RU-2-10 to BU-1 with a BDP to limit the uses to only the BU-1 use of grocery store with no sales of hard liquor and all BU-1-A uses. The FLU changed from NC to CC under SSCPA 07S.9. Both actions were approved under Resolution Z-11358.
On May 9, 2008, a change of occupancy was submitted changing the use from restaurant, bar, nightclub to a convenience store, and was approved on September 17, 2008, via a Certificate of Occupancy. On July 18, 2008, a minor site plan (08AD-00602) was submitted for review to add additional parking spaces due to the change of occupancy and was approved August 4, 2008.
On February 10, 2023, the applicant request for a zoning verification letter (23Z00012) was completed, thereby notifying the applicant of the subject property's zoning and a copy of the BDP.
The current BDP on the property limits the use to that of a grocery store (as a...
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