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Board accepts special magistrate recommendations, schedules rehearing on Fleming Island Preserve rezoning dispute
Summary
After sustained public opposition raising traffic and safety concerns, the Clay County Board of County Commissioners voted 4-1 to accept a special magistrate's findings and to hold a rehearing on a disputed rezoning application for Fleming Island Preserve.
The Board of County Commissioners of Clay County on May 13 accepted the findings and recommendations of a special magistrate in a long-running dispute over a proposed rezoning for Fleming Island Preserve and directed staff to hold a rehearing to ensure the applicant receives a process free from perceived prejudice. The board's motion carried 4-1.
The matter has drawn repeated public comment focused on traffic, safety and infrastructure. Residents who live near Old Hard Road and County Road 220 told commissioners they opposed rezoning that would allow a denser subdivision than currently allowed. Several speakers told the board they worried about vehicle speeds, a lack of sidewalks, potential flooding and the ability of emergency services to respond quickly if the neighborhood density increased.
The special magistrate's written recommendations (filed after a public hearing on April 1) urged the board to consider codifying ex parte procedures for quasi-judicial matters and to review rezoning criteria in the county's land-development code. During the May 13 meeting commissioners asked staff to prepare draft language on ex parte contacts and to review the code language related to rezoning criteria; the board also accepted the magistrate's recommendation to rehear the application so the matter can be decided without perceptions of bias.
Public commenters emphasized immediate safety and traffic questions. Mike Burns asked commissioners to "press the pause button" and seek a traffic study that reflects school-session conditions. Matthew Cunningham told the board he opposed high-density development "off Old Hard Road," saying the developer was "out to make money" and would not consider long-term community impacts. Sean Wiggins, president of the Arena Road/Ropers Road homeowners association, described changes to median access that he said made neighborhood entry and egress less safe and called for county review.
Commissioners discussed procedural and code changes the magistrate recommended; staff said a resolution to address ex parte contacts was already in development. The board's action accepts the magistrate's findings and directs staff to return with proposed code or procedural changes and to schedule the rehearing; the motion did not identify a mover or seconder on the record.
What the action means now: the applicant will receive another hearing before the board; the county will draft changes to how quasi-judicial ex parte communications are handled and review rezoning criteria in the land-development code. No final zoning decision was recorded at the May 13 meeting.
Voices from the record: "This resident implores you as guardians of the public trust to press the pause button on this rezoning until such time as a thorough traffic study can be performed during school," said Mike Burns during public comment. "You could easily vote this down based on...safety," said Matthew Cunningham.
The board's acceptance of the magistrate's recommendations and direction to staff came after multiple public comments and the magistrate's earlier written report.
