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Record of Proceedings

Hillsborough County Zoning Hearing Master Hearing - October 19, 2026

Hillsborough County Archive View Page — Monday, October 19, 2026
BodyHillsborough County, Florida
SessionHillsborough County Archive View Page
DateMonday, October 19, 2026
StatusFILED
Video Record
0:00 / 2:43:02

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Speaker 1

8:09

Good evening, ladies and gentlemen.

8:11

Welcome to this evening's zoning hearing master hearing.

8:14

My name is Steve Luce, and I'll be tonight's zoning hearing master.

8:18

If you could all rise with a pledge of allegiance.

8:24

Pledge allegiance to the flag of the United States of America to the Republic.

8:30

We should stand one nation under God, indivisible with liberty and justice for all.

8:37

Thank you all.

8:38

You may be seated.

8:41

Yeah, to be clear, we're we're starting because the planning commission staff member is on her way here.

8:46

And so by the time we get done with my instructions,

Unassigned speaker

8:49

the

Speaker 1

8:49

county attorney's office instructions, we should be all set with a complete set of staff.

8:56

So at this point in time, Michelle Heinrich uh is here from development services.

9:01

Well it let us know if there are any changes to tonight's agenda.

Speaker 2

9:05

There are no changes um to report, but we do have a listing of continuances to announce quickly.

9:14

So the following applications are being continued to the November sixteenth twenty twenty-six ZHM.

9:21

And those include major mod twenty-six zero five five three, PD twenty-six dash zero six six five, PD twenty-six dash zero seven oh six, standard rezoning twenty-six dash O seven eight five, PD twenty-six dash O zero or zero eight zero one PD twenty-six dash zero eight zero two.

9:48

Pd twenty-six dash eleven forty.

9:56

Pd twenty-six dash eleven eighty seven.

Unassigned speaker

10:00

PD 26-1189.

Speaker 2

10:07

Standard rezoning 26-1230.

10:16

PD 26-1234.

10:19

PD 26-1241.

10:22

Standard rezoning 26-1349.

Unassigned speaker

10:26

And

Speaker 2

10:26

then the following cases are being continued to the December 14th hearing.

10:31

And that includes Standard Rezoning 26-143.

10:41

Major Modification 26-1042.

10:57

And PD 26-1126.

Speaker 1

11:01

Okay, thank

Unassigned speaker

11:02

you.

Unassigned speaker

11:03

Okay,

Speaker 1

11:03

I have a few instructions to read into the record, and the county attorney's office has a few instructions to read into the record, and then we'll get started with the first case on tonight's agenda.

11:13

Our hearing today consists of agenda items that require a public hearing by the zoning hearing master.

11:19

I will conduct a hearing on each agenda item.

11:23

We'll file a recommendation within 15 working days after the conclusion of today's hearing.

11:29

Those recommendations are then sent to

Unassigned speaker

11:32

the

Speaker 1

11:32

Board of County Commissioners who will make the final decision.

11:36

Our hearing will be informal.

11:38

I will ask questions related to the scope of direct testimony.

11:42

I may call and question witnesses as I deem appropriate, and I will decide all questions of procedure.

11:49

I will take evidence but will exclude evidence that is irrelevant, immaterial, or unduly repetitious.

11:57

Evidence may be presented in written form, and all testimony must be under oath.

12:02

Hearsay evidence may be used to supplement or explain other evidence, but shall not be sufficient alone to support a finding by me unless it would be admissible over objections in a civil matter.

12:16

The order of presentation tonight.

Unassigned speaker

12:31

Then

Speaker 1

12:31

development services staff members will have five minutes to present their staff reports.

Unassigned speaker

12:37

And

Speaker 1

12:37

the planning commission staff has five minutes to present their positions.

12:43

Then those members

Unassigned speaker

12:44

in

Speaker 1

12:44

the audience are online that wish to speak in support have 15 minutes for that purpose.

12:50

Then those members in the audience or online that wish to speak in opposition

Unassigned speaker

12:53

will

Speaker 1

12:54

have 15 minutes.

12:56

Then development services may have five minutes to address any comments that were raised during the hearing.

13:07

Regarding the time of for proponents and or opponents, the 50-minute time frame is the total time for each category.

13:16

If there are a number of people to speak, we will add up the total number of people, and the 15 minutes will be divided as equally as possible.

13:25

You may wish to designate a single spokesperson to more efficiently use the time.

Discussion Breakdown — Share of Meeting
Zoning█████████████████████████████████████████████57%
Procedural██████████13%
Transportation Planning██████8%
Public Comment██████7%
Engineering And Infrastructure████5%
Flooding███4%
Urban Planning██3%
Community Engagement█1%
Legal█1%
Summary of Proceedings

Hillsborough County Zoning Hearing Master Hearing - October 19, 2026

The Zoning Hearing Master (ZHM) hearing was convened at 6:00 PM on October 19, 2026, at the County Center, 2nd Floor. The hearing officer was Steve Luce. The meeting addressed 23 continuances, 1 remand, 2 standard rezonings, and 5 rezoning-to-planned-development and major modification applications. All applications heard resulted in recommendations pending final decision by the Board of County Commissioners (BOCC) scheduled for December 8, 2026. No new petitions were started after midnight.

Consent Calendar

  • No items were placed on a consent agenda; all items were considered individually.

Public Comments & Testimony

  • B1 (PD 26-0095): Lise Garcia, manager of a condominium unit in Phase 1 of the project, spoke in opposition to aspects of the application, questioning the authority of the HOA representative who signed the affidavit and requesting conditions regarding separate utilities, construction access, and use of common facilities. She did not oppose development of the vacant lot but sought accurate records.
  • D1 (RZ-PD 26-0672): Alfred Bruner, president of the Balm Civic Association, spoke in opposition, citing non-compliance with the Balm Community Development Plan (which calls for 5-acre minimum lots), insufficient infrastructure (fire response, traffic), and the need for larger buffers and road improvements. He noted the road (Balm Wimauma Road) was underwater during Hurricane Milton. David Cyrus, a licensed contractor and engineer owning adjacent property, also spoke in opposition, requesting larger buffers (100–200 feet), larger lots (minimum 1 acre), and expressing concerns about flooding and compatibility. Buddy Harwell, Vice President of the Balm Civic Association, echoed these concerns, asking for 50-foot buffers, half-acre lots, and road fixes. He also mentioned the Balm dark skies initiative and lack of right-turn lanes.
  • D6 (RZ-PD 26-1221): Spencer Dix, a resident of Lynette Drive, spoke in opposition via video, expressing concerns that the development would worsen existing flooding in the neighborhood. The applicant noted the development is on the western side of US 41, not the eastern side where Duke Road is located.

Discussion Items

  • B1 (PD 26-0095) – Church Arbor Lux LLC / Jeff Sardisco: This was a remand from a previous hearing. The applicant proposed rezoning 2.49 acres from PD and RMC-20 to a new PD to allow 35 multifamily units (10 existing condos + 25 new units). The remand was to include parcels previously omitted and defer a design exception to site development. A speaker (Lise Garcia) raised questions about whether the HOA representative who signed the authorization had proper authority. Staff checked Sunbiz and found the signatory (Barbara Grate) was listed as president/director, but the speaker suggested internal HOA bylaws might require a board vote. The hearing officer held the application in abeyance after the first presentation to allow discussion, then closed the hearing with the application proceeding pending resolution of the affidavit issue.
  • C1 (RZ-STD 26-1434) – Todd Pressman: Request to rezone 19.01 acres from AS-1 to RSC-4 on Bonita Drive in Wimauma. No public comment. Staff and Planning Commission found it consistent with the Comprehensive Plan. Recommendation of approval.
  • C2 (RZ-STD 26-1442) – Gisselle Amparo: Request to rezone 2.79 acres from ASC-1 to RSC-2 on Whitehouse Drive in Riverview. No public comment. Staff noted the intent to subdivide and found the rezoning compatible with the area. No conditions of approval.
  • D1 (RZ-PD 26-0672) – Wimauma Grove, LLC: Request to rezone 69.2 acres from AR to PD for a 276-unit single-family subdivision in Balm. The site is within the urban service area and has a future land use of Res-4 (changed in 2024). The applicant proposed a 15-foot buffer with 6-foot fence and trees (20 feet on center) along the north, south, and east boundaries in response to neighborhood concerns. A design exception was approved for 11-foot travel lanes with 8-foot shoulders (7 feet paved) along Balm Wimauma Road, with connection to existing improvements to the north. Right-turn lanes were not warranted. The application had support from staff and Planning Commission. Opposition speakers raised concerns about density, buffering, road safety, flooding, and compatibility with the rural character.
  • D2 (RZ-PD 26-0957) – Ray D. Gustafson / Gustafson Engineer Co.: Request to rezone 2.53 acres from CG, CG-R, and CI-R to PD to allow an auto body repair shop and three existing single-family homes on Waters Avenue. No public comment. The proposal includes a 15-foot buffer with Type B screening between commercial and residential uses (a variation from the required 20-foot buffer due to site constraints). Staff recommended approval.
  • D3 (MM 26-1139) – Creation Acquisitions LLC: Major modification to IPD-2 (90-0121) for a 13.92-acre site on US 92. The request increases maximum floor area from 86,000 to 186,956 square feet, building height from 45 to 50 feet, and limits uses to warehousing/distribution. The building orientation was flipped to put loading areas away from adjacent residential properties. A 100-foot setback and enhanced Type C screening are proposed. Staff found the project compatible. No public comment.
  • D4 (MM 26-1141) – Symmes Development LLC: Major modification to PD (04-0054) on 7.47 acres on Symmes Road. The modification updates trip generation caps for CG uses (convenience store with gas). No changes to density or intensity. The proposal increases gross average daily trips from 4,083 to 4,864, with net new trips capped at 1,835 (internal capture). No public comment. Staff recommended approval.
  • D5 (RZ-PD 26-1146) – Jacob T. Cremer / Barbas Cremer PLLC: Request to rezone 16.68 acres from multiple zoning (PD 02-0215, PD 26-0070, RSC-4) to a new PD for 228,500 square feet of warehousing, distribution, and light manufacturing on Williams Road. The applicant proposed enhanced screening, a 6-foot fence along Ripley Road, and time restrictions on semi-tractor/trailer idling and loading/unloading (10 p.m. to 6 a.m.). One resident spoke in support via letter. Staff and Planning Commission found the proposal consistent with conditions. No public opposition.
  • D6 (RZ-PD 26-1221) – Barry Newberger: Request to rezone 10.15 acres from ASC-1 to PD for 40,000 square feet of CG uses (excluding gas stations, schools, auto repair) on US 41 in Lutz. The property has a 100-foot TICO easement and wetlands. The proposed development on the west side of US 41 would have a 190-foot setback from residential properties to the west. Staff recommended approval. Planning Commission staff opposed, citing inconsistency with commercial locational criteria (site is beyond the 75% threshold for CLC), inadequate transition to residential uses, and non-conformity with the Lutz Community Plan, which directs commercial development to three activity nodes (the site is not within them). One resident (Spencer Dix) spoke in opposition via video regarding flooding concerns. The applicant argued the buffer and setbacks provide adequate separation.

Key Outcomes

  • B1 (PD 26-0095): Heard and pending recommendation. The application was held in abeyance during the hearing due to an affidavit question, then closed with the recommendation to proceed to the BOCC contingent on resolution of the authority issue.
  • C1 (RZ-STD 26-1434): Heard and pending recommendation to the BOCC Land Use meeting on December 8, 2026.
  • C2 (RZ-STD 26-1442): Heard and pending recommendation to the BOCC Land Use meeting on December 8, 2026.
  • D1 (RZ-PD 26-0672): Heard and pending recommendation to the BOCC Land Use meeting on December 8, 2026. The hearing officer noted the proposed buffer and road improvements as conditions.
  • D2 (RZ-PD 26-0957): Heard and pending recommendation to the BOCC Land Use meeting on December 8, 2026.
  • D3 (MM 26-1139): Heard and pending recommendation to the BOCC Land Use meeting on December 8, 2026.
  • D4 (MM 26-1141): Heard and pending recommendation to the BOCC Land Use meeting on December 8, 2026.
  • D5 (RZ-PD 26-1146): Heard and pending recommendation to the BOCC Land Use meeting on December 8, 2026. The hearing officer noted the correction regarding the fence vs. wall.
  • D6 (RZ-PD 26-1221): Heard and pending recommendation to the BOCC Land Use meeting on December 8, 2026. Staff recommended approval; Planning Commission staff recommended denial.
  • The hearing officer will file a recommendation for each application by November 9, 2026. The BOCC will render final decisions on December 8, 2026. Parties wishing to request additional evidence must file by November 19, 2026.

Meeting Transcript

Good evening, ladies and gentlemen. Welcome to this evening's zoning hearing master hearing. My name is Steve Luce, and I'll be tonight's zoning hearing master. If you could all rise with a pledge of allegiance. Pledge allegiance to the flag of the United States of America to the Republic. We should stand one nation under God, indivisible with liberty and justice for all. Thank you all. You may be seated. Yeah, to be clear, we're we're starting because the planning commission staff member is on her way here. And so by the time we get done with my instructions, the county attorney's office instructions, we should be all set with a complete set of staff. So at this point in time, Michelle Heinrich uh is here from development services. Well it let us know if there are any changes to tonight's agenda. There are no changes um to report, but we do have a listing of continuances to announce quickly. So the following applications are being continued to the November sixteenth twenty twenty-six ZHM. And those include major mod twenty-six zero five five three, PD twenty-six dash zero six six five, PD twenty-six dash zero seven oh six, standard rezoning twenty-six dash O seven eight five, PD twenty-six dash O zero or zero eight zero one PD twenty-six dash zero eight zero two. Pd twenty-six dash eleven forty. Pd twenty-six dash eleven eighty seven. PD 26-1189. Standard rezoning 26-1230. PD 26-1234. PD 26-1241. Standard rezoning 26-1349. And then the following cases are being continued to the December 14th hearing. And that includes Standard Rezoning 26-143. Major Modification 26-1042. And PD 26-1126. Okay, thank you. Okay, I have a few instructions to read into the record, and the county attorney's office has a few instructions to read into the record, and then we'll get started with the first case on tonight's agenda. Our hearing today consists of agenda items that require a public hearing by the zoning hearing master. I will conduct a hearing on each agenda item. We'll file a recommendation within 15 working days after the conclusion of today's hearing. Those recommendations are then sent to the Board of County Commissioners who will make the final decision. Our hearing will be informal. I will ask questions related to the scope of direct testimony. I may call and question witnesses as I deem appropriate, and I will decide all questions of procedure. I will take evidence but will exclude evidence that is irrelevant, immaterial, or unduly repetitious. Evidence may be presented in written form, and all testimony must be under oath. Hearsay evidence may be used to supplement or explain other evidence, but shall not be sufficient alone to support a finding by me unless it would be admissible over objections in a civil matter. The order of presentation tonight. Then development services staff members will have five minutes to present their staff reports. And the planning commission staff has five minutes to present their positions.

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