Planning commission rejects rezoning request for Fleming Island surgical center after retail concerns

The Clay County Planning Commission voted 4-2 on Aug. 5 not to recommend rezoning about 2.3 acres on County Road 220 in Fleming Island from AR (agricultural-residential) to PCD (planned commercial development), a change the applicant said would allow an outpatient surgical center and professional offices.

Staff planner Jenny Bridal told commissioners, "Based on the analysis in the staff report, the request is consistent with the intent of the land development code and the surrounding uses. Therefore, staff does recommend approval of PUD 25-00003 to amend the zoning map for the 2.3 acres from AR to PCD conditioned on the approval of the commercial comprehensive plan application for the subject property." Bridal also said the applicant had submitted a concurrent comprehensive-plan amendment (rural fringe to commercial) the day before the meeting.

The applicant, Robert White of the law firm Taylor & White, described the proposal as "an outpatient surgical center with doctor's offices in the front building" and said the site plan also allowed for small professional office uses and "small specialty shops" but that the applicant was willing to remove retail from the application. An applicant representative, who identified herself only as Dharma, told the commission, "I would be okay with that," in reference to removing retail uses.

The Fleming Island Citizen Advisory Committee (CAC) had voted 6-0 to deny the rezoning. Cam Arnsdorf, chair of the Fleming Island CAC, said the committee's objections focused on the retail language and on whether commercial use was appropriate at that location: "Some of the board had a real issue, again, with the retail verbiage of the application. A large portion of the board had issue with this being commercial at all. Rezoning isn't necessarily the issue."

Several commissioners said they were reluctant to weaken protections from earlier land-use guidance for Fleming Island. Commission Chair Pete Davis criticized staff language in the application packet that characterized the 1983 Fleming Island plan as "no longer a relevant document," saying, "The idea that the Fleming Island plan is no longer relevant is really an insult to the many people that live on Fleming Island that worked hard for over 40 years to develop that." Multiple commissioners said the corridor along County Road 220 risked gradual conversion to commercial uses that the 1983 plan had envisioned as residential.

After discussion, a commissioner moved to approve the staff recommendation (as clarified to exclude retail); the motion was seconded by Commissioner Barry Bridgeman. The motion failed on the Planning Commission floor with a tally of 2 in favor and 4 opposed. The commission did not forward a recommendation of approval to the Board of County Commissioners.

Because the Planning Commission is an advisory body, the Board of County Commissioners (BCC) will have the final decision. Staff and applicants were notified that the BCC will hear associated comprehensive-plan and rezoning requests at an upcoming BCC meeting on Aug. 26. Bridal reminded commissioners that the PUD/PCD approval was conditioned on an approved comprehensive-plan amendment.

Residents and nearby property owners told the commission they were concerned about preserving Fleming Island's character and preventing incremental commercial development along County Road 220. Cam Arnsdorf and other speakers emphasized that removing retail language from the application would have improved its reception at the CAC but that the committee still opposed converting the parcel to commercial use.

The applicant may revise the application and pursue the comprehensive-plan amendment and zoning change at the BCC hearing. The Planning Commission record shows staff recommendation for approval conditioned on the land-use change; the commission instead voted not to recommend approval. The BCC will make the final decision on the comprehensive-plan amendment and rezoning at its hearing.