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Record of Proceedings

Hillsborough County Zoning Hearing Master Meeting - September 28, 2026

Hillsborough County Archive View Page — Monday, September 28, 2026
BodyHillsborough County, Florida
SessionHillsborough County Archive View Page
DateMonday, September 28, 2026
StatusFILED
Video Record
0:00 / 1:42:23

Transcript — VerbatimClick a line to jump · ⧉ to share it

Speaker numbers apply only to this recording.

Unassigned speaker

1:53

Good

Speaker 1

1:54

evening.

1:54

If you could please stand for the Pledge of Allegiance.

Unassigned speaker

2:00

A

Speaker 2

2:00

pledge

Speaker 1

2:00

allegiance to the flag of the United States of America and to the Republic for which it stands.

2:07

One nation, under God, indivisible, with liberty, and justice for all.

2:13

Thank you so much.

2:14

Please have a

Unassigned speaker

2:14

seat.

Unassigned speaker

2:18

Good

Speaker 1

2:18

evening, everyone.

2:19

I want to welcome you to the September 28th, 2026 Zoning Hearing Master Hearing.

2:24

My name is Susan Finch, and I will be presiding as the hearing master over tonight's cases.

2:29

Let me start by introducing Miss Michelle Heinrich.

2:32

She is with the Development Services Department, and she will introduce other staff members who will participate in tonight's hearing as well as go over any off the agenda changes.

Speaker 3

2:42

Hi, good evening, Michelle Heinrich.

2:44

But the county attorney's office to my left, we had Jared Delfino with the Planning Commission staff.

2:49

We have Tyreek Royal, and then on the other side of the dais, we do have uh James Ratliff with transportation.

2:55

And we do have three off the agenda items to um go through before we go through the published withdrawals and continuances.

3:02

Okay.

3:02

The first one is agenda page nine, item D two, major mod twenty-six-05 four six.

3:10

The applicant is requesting a continuance to the November sixteenth, twenty twenty-six zoning hearing master hearing, and that is not a by-right request, so they will need to have you make a decision on that.

Speaker 1

3:23

Okay.

3:48

If you could just say that one more time.

4:25

Okay.

4:25

And you're asking for November 16th?

Speaker 4

4:28

Yes, ma'am.

Speaker 1

4:29

Okay, perfect.

4:29

Let me see if there's anybody else that would like to speak to the uh is there anyone in the room or online that would like to speak to the continuance only and not the merits of the case.

4:38

This is major modification two six-0546.

4:43

Anyone to speak to

Unassigned speaker

4:44

that?

Speaker 1

4:45

Okay, then uh given that we will continue major modification two six-ero five four six to the November sixteenth twenty twenty-six zoning hearing master hearing at six p.m.

4:57

Thank you so

Unassigned speaker

4:58

much.

Speaker 3

5:00

The next item we have is agenda page nine, item D3, PD 26-0665.

5:08

Staff is requesting a continuance of this application to the October 19th, 2026 ZHM hearing, and that does not require any ZHM action.

Speaker 1

5:18

Okay.

5:19

Let me just make sure that any is there anyone in the audience that is here for agenda item D3.

5:25

It's rezoning 26-0665.

5:28

Anyone to speak?

5:30

Okay, perfect.

5:31

Go ahead, Miss Heinrich.

Speaker 3

5:33

And then we have on agenda page 10, item D5, major mod 26-0970.

5:40

The applicant is requesting a continuance to the November 16th, 2026 ZHM hearing.

Speaker 1

5:46

Okay.

5:47

And that does require your approval.

5:48

Perfect.

5:49

Is the applicant

Unassigned speaker

5:50

here?

Speaker 4

5:57

Name and address, please.

5:59

Good evening.

5:59

Uh Dallas Evans, uh, flamingo civil design address 4522 West Village Drive.

6:04

Um, this application we have had in the process for a bit.

6:08

This is for an indoor pickleball court.

6:11

We had a design exception filed for this uh with transportation, had that all worked out, um, had the GDP prepared at the last minute.

6:20

We realize there's a discrepancy uh between the survey and the cross section design exception.

6:26

We're just asking for a continuance to be able to work that out.

6:29

All

Discussion Breakdown — Share of Meeting
Zoning█████████████████████████████████████████████46%
Transportation Planning██████████10%
Land Use Hearing██████████10%
Public Comment██████████10%
Procedural████████8%
Agricultural Support████4%
Transportation Safety███3%
Water And Wastewater Management██2%
Public Transportation██2%
Summary of Proceedings

Hillsborough County Zoning Hearing Master Meeting - September 28, 2026

The Hillsborough County Zoning Hearing Master (ZHM) convened on Monday, September 28, 2026, at 6:00 PM at the County Center, 2nd Floor, to conduct public hearings on rezoning, major modification, and special use applications. Hearing Officer Susan Finch presided, assisted by staff from Development Services, County Attorney's Office, Planning Commission, and Transportation. The meeting began with the Pledge of Allegiance and procedural announcements. County Attorney Jared Delfino explained the two-step rezoning process, emphasizing that this hearing is the time to present evidence, and that the Board of County Commissioners (BOCC) will make final decisions on December 8, 2026, based solely on the record created tonight. He detailed the criteria for becoming a Party of Record. The Hearing Officer filed recommendations for each heard application by October 19, 2026.

Withdrawals and Continuances

Prior to the hearings, several applications were withdrawn or continued as published or by request:

  • Withdrawn: RZ-PD 26-0237 (The Disbrow Corporation & Mini Vacations LLC), RZ-PD 26-0283 (Todd Pressman), RZ-STD 26-1158 (Manish R. Patel), and RZ-STD 26-1345 (Mohamad Saad).

  • Continued to October 19, 2026: RZ-PD 26-0095, RZ-PD 26-0672, RZ-PD 26-0706, RZ-STD 26-0785, RZ-PD 26-0801, RZ-PD 26-0802, RZ-PD 26-0957, MM 26-1042, MM 26-1048, RZ-PD 26-1071, RZ-PD 26-1114, RZ-PD 26-1126, MM 26-1139, RZ-PD 26-1140, MM 26-1141, RZ-PD 26-1146, RZ-PD 26-1156, and RZ-STD 26-1230.

  • Continued to November 16, 2026: RZ-PD 26-0799, RZ-STD 26-1287, and, by Hearing Officer approval, MM 26-0546 (Crown Castle USA) and MM 26-0970 (Jacob T. Cremer, for an indoor pickleball court design discrepancy).

  • Continued to October 19, 2026 (Staff request, no action needed): RZ-PD 26-0665 (Greentek Property Solutions).

Heard Cases

Eight cases were heard on their merits. For each, the applicant presented, followed by staff and planning commission findings, public testimony, and applicant rebuttal. All testimony was given under oath.

B1. Remand: MM 26-0215 – Florida Conference Association of Seventh-Day Adventists

  • Location: 5585 E County Line Rd, 42.84 acres, Urban Service Area.
  • Request: Major Modification to Planned Development (PD 18-0296) to incorporate condition 14 regarding a traffic signal at the Royal Hamprey intersection, as directed by the BOCC upon remand.
  • Applicant: Isabel Albert (Holland & Knight) stated the remand solely adds the condition; no other changes.
  • Staff & Planning Commission: No objections; staff confirmed no changes to previous findings. Transportation had no further comment.
  • Public Testimony: None.
  • Outcome: Heard and pending recommendation.

C1. RZ-STD 26-1295 – Nicholas Colamarino

  • Location: 5519 Rawls Rd, 5.61 acres, Urban Service Area.
  • Request: Rezone from RSC-4 to ASC-1(R) with voluntary restriction to passive agriculture only (U-pick farm).
  • Applicant: Nick Colamarino presented: the proposal reduces potential development from 22 dwelling units to 5, traffic by 90% (from 443 to 45 average daily trips), and preserves the historic Rawls cottage and open space. Six adjacent property owners support; two written letters submitted.
  • Staff: Sierra James (Development Services) found request approvable; U-pick farm qualifies as passive agriculture.
  • Planning Commission: Tariq Royal found consistency with comprehensive plan, including agricultural policies (Objective 5.1, Policy 5.1.6).
  • Public Testimony:
    • Billy Hooven (5640 Half Moon Lake Rd), Half Moon Lake Pump and Preservation Fund: expressed concerns about water supply (requested well or rain-fed pond), water quality (no spraying within 150 ft of lake), and events/noise (no amplified music or venue rentals).
    • Melissa Patel (15701 Willowdale Rd): concerned about pesticide drift, runoff affecting children and lake, noise echo, and buffer zones.
  • Applicant Rebuttal: Will use native Muscadine grapes requiring minimal inputs, targeted drip irrigation, and well water; no plans for events; UF best practices.
  • Outcome: Heard and pending recommendation.

C2. RZ-STD 26-1346 – Adam Roza

  • Location: 6105 Shirley Ave, 0.47 acres, Urban Service Area.
  • Request: Rezone from RSC-6 (MH) to RSC-6 (MH) (SB) to add the Show Business overlay.
  • Applicant: Isabel Albert representing; site meets location criteria under LDC Sec. 3.01.02.B.
  • Staff: Sierra James found approvable; location criteria satisfied.
  • Planning Commission: Tariq Royal found consistency; supports show business uses in Gibson community (Policy 4.6.2).
  • Public Testimony: None.
  • Outcome: Heard and pending recommendation.

C3. RZ-STD 26-1350 – Robert & Josephine Lauter

  • Location: Carlton Lake Rd, two parcels totaling 9.588 acres, Rural Service Area.
  • Request: Rezone from AR to AS-0.4 to align with approved comprehensive plan amendment (CPA 26-14) changing future land use from AR to AE 1/2.5, allowing 2.5-acre minimum lot size.
  • Applicant: Josephine Lauter explained the parcels were historically one lot; after purchase, they discovered non-conformity. CPA approved August 13, 2026; rezoning needed to match.
  • Staff: Michelle Heinrich (Development Services) recommended approval; no objections from agencies.
  • Planning Commission: Tariq Royal found consistency with rural area policies and compatibility.
  • Public Testimony: None.
  • Outcome: Heard and pending recommendation.

D1. RZ-PD 26-0281 – Equity Trust Company / Custodian et al.

  • Location: NE corner of Livingston Ave & Fiddlers Ln, 4.79 acres, Urban Service Area.
  • Request: Rezone from RSC-4 to Planned Development for 56 multifamily units (11.6 du/ac) in two- and three-story buildings up to 45 ft.
  • Applicant: Justina Gale (Forward Planning and Design) presented: 56 units, 20-ft minimum setbacks, 30-ft natural buffer north, 5-ft type A screening, stormwater ponds, one access on Livingston Ave. Design exception and administrative variance for access spacing (152 ft instead of standard 245 ft) approved by County Engineer.
  • Staff: Michelle Heinrich noted a previous 2021 request for standard rezoning to RMC-12 was denied by BOCC; the current PD request is different. Staff recommended approval subject to conditions.
  • Planning Commission: Tariq Royal found consistency, citing buffers and existing multifamily to east and south.
  • Public Testimony (Opposition): Over 15 residents signed in opposition. Key speakers:
    • Alan Vernick (2110 Curry Rd): Recalled the 2021 BOCC denial (7-0) due to incompatibility; argued the proposed density and height are incompatible with surrounding low-density character; noted Livingston Ave operates at LOS F; administrative variance needed.
    • Zachary Burke (2633 Fiddlestick Circle, President of Fiddler's Cove Condominium Association): Fiddler's Cove consists of detached single-family homes, not conventional apartments; 45-ft buildings will overwhelm the neighborhood; concerns about resale values.
    • Maria Elena D'Amico (16105 Darnell Rd): Noted a 60% reduction in wetland acreage between surveys (from 4.9 to 0.2 acres); stormwater impact on Fiddler's Cove; multiple deviations indicate property driving design.
    • Renee Glasgow (2909 E 148th Ave): Traffic already congested; no sidewalks; well water; lack of fire hydrants; adding 56 units exacerbates infrastructure deficiencies.
    • Additional residents voiced similar concerns.
  • Applicant Rebuttal: Setbacks of 100 ft to north and over 150 ft to east; only one building will be three stories; can condition to limit height.
  • Outcome: Heard and pending recommendation.

D4. MM 26-0735 – American Landmark (Hillary Hass, VP Development)

  • Location: West of Brandon Main St & Pauls Dr, 55.98 acres, Urban Service Area.
  • Request: Major Modification to PD 18-1054 to clarify phasing and timing of previously approved improvements (transportation upgrades, non-residential development, live-work units) due to project stall and new ownership; no changes to site plan or intensity.
  • Applicant: Keith Polyakov (Holland & Knight) presented: the previous developer left the project in distress; new owner invested $51 million to complete; modification needed to stage certificate of occupancy issuance for financing. Accepted all staff conditions.
  • Staff: Chris Glenlar (Development Services) recommended approval; modifications refine sequencing, not physical layout.
  • Planning Commission: After a prior continuance for discussions, found consistency; live-work units must remain non-residential to maintain Main Street character.
  • Public Testimony: None.
  • Outcome: Heard and pending recommendation.

D6. MM 26-1138 – Green Label Ventures LLC

  • Location: 4002 Garden Ln, 2.47 acres, Urban Service Area.
  • Request: Major Modification to PD 24-0183 to change use from contractor office without open storage to with open storage; reduce Floor Area Ratio from 0.09 to 0.02; increase eastern buffer from 25 ft to 30 ft with type C screening (6-ft masonry wall); provide cross-access easement with buffer waiver.
  • Applicant: Spencer Lackaboo (Civil on Demand) presented: low-intensity use; existing modular office will remain, barn removed; open storage area 0.9 acres; hours restricted to 6 AM – 7 PM.
  • Staff: Jared Fallon (Development Services) recommended approval; enhanced buffer and screening; one buffer variation for cross access.
  • Planning Commission: Tariq Royal found consistency; supports economic development in East Lake Orient Park Community Plan.
  • Public Testimony:
    • Juan Wynn (405 Garden Ln): Concerned about traffic increase; road is a bottleneck; suggested extension to US 301.
  • Applicant Rebuttal: Low trip generation per ITE; decrease from previous approval; not high-intensity use.
  • Outcome: Heard and pending recommendation.

E1. SU-NCX 26-1240 – Paul Fischer

  • Location: 18801 N Dale Mabry Hwy, 0.32 acres, Rural Service Area.
  • Request: Nonconformity Special Use Permit to expand existing legal non-conforming commercial use (Lutz Mail Depot) by relocating parking to the rear, adding electric vehicle charging stations, and reducing southern buffer from 20 ft type B to 0 ft type A.
  • Applicant: Paul and Greg Fischer: family business since 2012; worked with staff to improve safety and conformance; accept all conditions.
  • Staff: Logan McCague (Development Services) recommended approval; relocation of parking brings site closer to compliance; conditions include right-of-way preservation (16 ft for future six-lane roadway).
  • Planning Commission: Tariq Royal found consistency with Lutz Community Plan commercial character goal.
  • Public Testimony: None.
  • Applicant Rebuttal: Thanked staff; project involves paving a parking lot.
  • Outcome: Heard and pending recommendation.

Key Outcomes

  • All eight cases heard on September 28, 2026, received a recommendation of "Heard and Pending Recommendation." The Hearing Officer will file written recommendations by October 19, 2026. Final decisions by the BOCC are scheduled for the December 8, 2026 Land Use Meeting.
  • Four applications were withdrawn from the hearing process.
  • Multiple applications were continued to future ZHM hearings (October 19 or November 16, 2026) as detailed above.
  • Significant public opposition was registered for Case D1 (RZ-PD 26-0281) and, to a lesser extent, for Cases C1 (concerns expressed) and D6 (traffic concern).
  • Conditions of approval were discussed and accepted by applicants for several cases, including D4 (American Landmark) and E1 (Fischer). Staff recommended approval for all heard cases based on consistency with the comprehensive plan and applicable codes.
  • Parties wishing to qualify as Parties of Record for the BOCC meeting must ensure their participation at this hearing; additional evidence requests are due by October 29, 2026.

Meeting Transcript

Good evening. If you could please stand for the Pledge of Allegiance. A pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation, under God, indivisible, with liberty, and justice for all. Thank you so much. Please have a seat. Good evening, everyone. I want to welcome you to the September 28th, 2026 Zoning Hearing Master Hearing. My name is Susan Finch, and I will be presiding as the hearing master over tonight's cases. Let me start by introducing Miss Michelle Heinrich. She is with the Development Services Department, and she will introduce other staff members who will participate in tonight's hearing as well as go over any off the agenda changes. Hi, good evening, Michelle Heinrich. But the county attorney's office to my left, we had Jared Delfino with the Planning Commission staff. We have Tyreek Royal, and then on the other side of the dais, we do have uh James Ratliff with transportation. And we do have three off the agenda items to um go through before we go through the published withdrawals and continuances. Okay. The first one is agenda page nine, item D two, major mod twenty-six-05 four six. The applicant is requesting a continuance to the November sixteenth, twenty twenty-six zoning hearing master hearing, and that is not a by-right request, so they will need to have you make a decision on that. Okay. If you could just say that one more time. Okay. And you're asking for November 16th? Yes, ma'am. Okay, perfect. Let me see if there's anybody else that would like to speak to the uh is there anyone in the room or online that would like to speak to the continuance only and not the merits of the case. This is major modification two six-0546. Anyone to speak to that? Okay, then uh given that we will continue major modification two six-ero five four six to the November sixteenth twenty twenty-six zoning hearing master hearing at six p.m. Thank you so much. The next item we have is agenda page nine, item D3, PD 26-0665. Staff is requesting a continuance of this application to the October 19th, 2026 ZHM hearing, and that does not require any ZHM action. Okay. Let me just make sure that any is there anyone in the audience that is here for agenda item D3. It's rezoning 26-0665. Anyone to speak? Okay, perfect. Go ahead, Miss Heinrich. And then we have on agenda page 10, item D5, major mod 26-0970. The applicant is requesting a continuance to the November 16th, 2026 ZHM hearing. Okay. And that does require your approval. Perfect. Is the applicant

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