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Clay County schedules July 8 rehearing for Fleming Island Preserve PUD after magistrate clarification
Summary
The board accepted a special magistrateclarification that the rehearing on PUD 24-0006 will be a new hearing before the board using the prior hearing transcript (no new evidence) and set the rehearing for July 8; the motion passed 4-0.
The Clay County Board of County Commissioners voted unanimously to accept a special magistrateclarification and schedule a rehearing on the owner's request for relief from the board's denial of PUD 24-0006 Fleming Island Preserve.
County staff told the board the magistratehad issued a clarification under the Florida Land Use and Environmental Dispute Resolution Act (section 70.51, Florida Statutes) that the rehearing should be "a new hearing just before the board" using the record from the earlier public hearing and without taking any new evidence. The magistrate and the applicant agreed that the board may either replay the original hearing video or consider the transcript of the December hearing. Staff proposed attaching the transcript to the July 8 agenda so commissioners would have time to read the record before that meeting.
A motion to accept the magistrate's clarification, attach the transcript to the agenda, and hold the rehearing on July 8 passed 4-0. The board noted that there will be no additional public testimony at the rehearing and that commissioners will disclose any ex parte communications on the record.
The item traces to a December hearing on the developer's planned unit development. County staff said the applicant is not proposing different project plans for this rehearing; the judge's clarification was intended to set the appropriate process steps under section 70.51, Florida Statutes.
Ending
The rehearing was scheduled for the BCC meeting on July 8. Staff will publish the previous hearing transcript as agenda backup and the board will make disclosures of any ex parte communications at that time.
