Commission Seeks Way to Hold Big-Box Developer 'to the Fire'

County commissioners have asked the county attorney to look into invoking a rarely used zoning option to delay approval of a plan to build a big-box retail center on Bloomingdale Avenue.

The commission voted 6-1, with Commissioner Victor Crist voting no, to see if the county can use the Doctrine of Zoning in Progress to halt approval of the development for 180 days.

The issue was raised by County Commissioner Al Higginbotham at a land use hearing June 11. The previous night, Higginbotham spent several hours at a community meeting in Brandon listening to residents' concerns about the proposed development just east of the Bloomingdale Regional Library.

Under a sweeping land-use code amendment in 2011 that affected the entire county, the county approved changing proposed developments that were previously designated traditional neighborhood developments to mixed-use districts (MUD).

The 43.5-acre pasture on Bloomingdale was zoned a traditional neighborhood development in 2003. Under that designation, the property owner, Redstone Properties, presented design plans showing a quaint neighborhood shopping village, similar to Winthrop Town Centre.

However, following the 2011 MUD designation, Redstone Properties returned to county staff with a proposal to construct a big-box retail store similar to the Super Target on West Bloomingdale Avenue. 

Because the property is already zoned, Redstone's new plan can be approved by county staff without going before a zoning hearing master or the county commission.

"At the community meeting, the residents used terms like 'bad faith' and 'broken promises,'" said Higginbotham. "I got an earful yesterday evening from citizens who said this was a significant change. I felt the heat -- and it was not pleasant."

While he acknowledged there is little the county can do at this point to legally stop the development, he suggested using the Doctrine of Zoning in Progress to delay approval of any MUD development applications in the county for 180 days. During that period, he suggested county staff review the land-use code change to assess its ramifications. 

"It'd be a cooling-off period, not a moratorium," said Higginbotham. 

However, Assistant County Attorney Adam Gormley said he's not sure the Doctrine of Zoning in Progress applies in this case.

"Typically, it's invoked when there's a change in zoning regulations," he said. "To my knowledge, it's never been applied in Hillsborough County.  I don’t think what we’re talking about here fits in the Zoning in Progress Doctrine. There's a potential risk imposing it on a project that’s already been zoned."

But commissioners thought it was worth a shot. 

"I second the motion," said Commissioner Sandy Murman. "I think there is a degree of uncertainty here regarding the process and what's going in there."

"We just want to make sure we got this right and get an accurate picture of what’s going in on this site," added Higginbotham. 

"I think we do need to get some clarity and to try to legally bring some resolution to this issue," agreed Commissioner Kevin Beckner.

Commission chairman Ken Hagan also favored looking into using the doctrine.

"I for one am fed up with these guys (the developer)," he said. "I appreciate what Commissioner Higginbotham is trying to do. I think this developer has operated in bad faith so anything we can do to hold this developer to the fire, I support."

Commissioner Mark Sharpe suggested also facilitating a meeting between the developer and the residents.

"I understand the citizens' concerns," he said. "They ‘re mired in congestion – stuck. Any encouragement we can give to  the developer to meet with the citizens we should."

The county attorney's office will report to the commissioners June 19 on the use of the Doctrine of Zoning in Progress.

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• Bloomingdale Big-Box Meeting at Brandon Recreation Center Tonight (June 10)

• Higginbotham to Bloomingdale: Let's Meet on Big Box

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• Commissioners Say Plans for Bloomingdale Big Box Out of Their Hands

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