Board denies PUD rezoning for Fleming Island Preserve, citing consistency with rural-fringe plan

The Clay County Board of County Commissioners voted unanimously (5-0) on July 8 to deny a rezoning request (PUD 2046, Fleming Island Preserve) after the board considered the December 10, 2024 hearing transcript and the special magistrate—s recommendation.

What commissioners said: The motion to deny relied on the land-development-code criteria cited in staff materials and the magistrate—s report. Commissioners noted the subject property could be used under its existing AR (agricultural-residential) zoning consistent with the Clay County 2040 comprehensive plan, including FLU policy 1.4.1.5, which recommends rural-fringe densities at a maximum of three units per acre and a typical range that includes one unit per acre.

Findings: The board found substantial competent evidence in the record to support denial: existing zoning is compatible with surrounding parcels, the requested change was not necessary to achieve comprehensive-plan policy goals, and the rezoning boundaries were not irregular. The vote followed disclosures of ex parte communications and confirmation by each commissioner that they had reviewed the hearing transcript and related materials.

Outcome: Motion to deny approved 5-0. The decision was made on the record during the July 8 rehearing and is recorded as the final action on the PUD 2046 rezoning application for Fleming Island Preserve.

Ending note: The board—s statement emphasized consistency with the county—s comp plan and existing zoning patterns in the Old Hard community area.