Planning staff recommends removing small shopping centers from CR zoning; board tables action pending legal review

Planning staff presented a proposed amendment to the unified development ordinance (UDO) that would remove shopping centers of less than 30,000 square feet as a permitted use in the town's commercial recreation (CR) zoning district.

Matt, a planning staff member, said the proposed change would revise section 6.5 of the UDO to better align permitted uses with the low-density, oceanfront character of the CR district and the comprehensive land use plan. "Staff recommendation is for approval," Matt stated while outlining the recommendation.

Matt cautioned that state law may limit the town's ability to remove a permitted use. "The state statutes for downzoning prohibit local governments from removing permitted uses from a zoning district without getting the written consent of every affected property owner," he said, adding staff estimates that about 100 parcels sit in the CR district and could be affected.

Board members asked whether any current permits or lots could still be assembled for a shopping-center development; the discussion noted one supermarket (Publix) in the area that has been rezoned to CB and that no other active permits were pending for large commercial centers.

Given the statutory question and the potential number of affected property owners, the board directed staff to consult the town attorney and to return with clarification on whether the proposed text amendment could be initiated without unanimous written consent. The board voted to table the matter to the next meeting while staff pursues legal guidance.

The board did not take a final position on the amendment at this meeting; staff will report back after consultation with the attorney and provide next steps for any formal initiation of a UDO text amendment.