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Neighbors oppose 4‑lot rezoning on Sleepy Hollow; Planning Commission vote to recommend approval fails

2220190 · February 4, 2025
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Summary

The Planning Commission rejected a motion to recommend approval of ZON 25-0001, a request to rezone 2.73 acres from AR to RB to allow a four-lot subdivision. Staff recommended approval; neighbors raised safety and environmental concerns. The motion failed after visible opposition from commissioners.

The Clay County Planning Commission on Feb. 4 declined to recommend approval of ZON 25‑0001, an application to rezone 2.73 acres from Agriculture-Residential (AR) to Residential-B (RB) to allow a proposed four-lot subdivision off Sleepy Hollow Road.

Zoning chief Jenny Bridal presented the application and said staff found the request consistent with the county’s land development code and comprehensive plan. Bridal explained that the proposed four lots would each be roughly 0.61 to 0.76 acres and that the property would retain its rural fringe future land‑use designation. Bridal said Platting would be required prior to development.

Janice Fleet, representing the applicant, said the RB zoning would permit lot frontages of about 70 feet and argued the lots would be larger than lots in the subdivision to the south. "We're only asking for single family housing and lot sizes larger than the subdivision south of us," Fleet said, adding the applicant intends to protect the wetlands on the parcel.

Several residents who live adjacent to the site spoke in opposition. Nicole Wachter, who said she lives at 1508 Harvest Cove Drive, told the commission, "I've witnessed a lot of animals back there, gopher tortoises, a family of owls that's been there for over 20 years." John Wachter said Sleepy Hollow Road carries substantial local traffic and called it "a racetrack," and urged caution about adding additional driveways. A county employee who lives nearby, Pete Manger, also said he values the existing tree buffer and objected to more driveways onto the roadway.

Staff and the applicant clarified utility and subdivision issues during questions. Jenny Bridal and others confirmed that Clay County Utilities (CCUA) would provide water and sewer service to the lots; earlier comments that the lots might require wells were corrected on the record. Staff classified the proposal as a minor subdivision (plat required) and noted engineering would review access improvements and any sidewalk or drainage requirements at the development review stage.

Commission discussion focused on traffic and safety along Sleepy Hollow Road, the potential loss of tree cover, and wildlife protections. Commissioners suggested options such as shared driveways, a non-developable buffer between new lots and existing homes, or further discussion between the applicant and adjacent homeowners. One commissioner suggested a continuance to allow the parties to negotiate; another said the commission should render its recommendation and allow the applicant time to work with neighbors before the Board of County Commissioners hearing.

A motion to recommend approval of the rezoning (staff’s recommendation) failed after the chair counted hands and recorded one commissioner in favor and the remainder opposed. Commissioners recorded that the item can be revised and brought forward to the Board of County Commissioners with modifications addressing neighborhood concerns.

Why it matters: The proposal would increase the number of residential parcels adjacent to established homes, potentially altering local traffic patterns, pedestrian safety on Sleepy Hollow Road and tree and habitat continuity for species such as gopher tortoises and owls.

What happens next: Because the Planning Commission’s vote was not in favor, the applicant may revise the proposal, seek voluntary mitigation such as a non-developable buffer or shared driveway configuration, and return the matter to the Board of County Commissioners for a final decision at a later hearing.