PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
title
PUBLIC HEARING TO CONSIDER ADOPTION OF AN AMENDMENT TO THE MARTIN COUNTY ZONING ATLAS TO CHANGE THE ZONING CLASSIFICATION FOR MR. DENNIS CIAGLO (C172-002)
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EXECUTIVE SUMMARY:
executive summary
This is a request by Creech Land Use & Zoning on behalf of Mr. Dennis Ciaglo for a proposed amendment to the county zoning atlas to change the zoning district classification for an approximately 2.04-acre undeveloped site from A-2 (Agricultural) to RE-2A (Rural Estate). The site is located on the south side of SW Citrus Boulevard, approximately 0.8 miles northeast of the intersection of SW Citrus Boulevard and SW Hemingway Terrace, in western Palm City. Included is a request for a Certificate of Public Facilities Exemption.
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DEPARTMENT: Growth Management
PREPARED BY: Name: John Sinnott
Title: Senior Planner
REQUESTED BY: Creech Land Use & Zoning, P.A., Audra Creech
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The site is currently zoned A-2, Agricultural District, with a Future Land Use (FLU) designation of Rural Density. The A-2, Agricultural District, is a Category “C” district that is not consistent with the Rural Density FLU assigned to the area. As such, this application is being processed as a mandatory rezoning to a Category “A” district which implements the policies for the Rural Density FLU designation.
The RE-2A, Rural Estate District is the only standard Category “A” zoning district available to implement the Rural Density land use policies of the CGMP. In addition to the standard zoning district, the PUD (Planned Unit Development) District is also available. The PUD District offers more design flexibility to applicants for proposed projects. In exchange the district requires additional benefits to the County and more controls by the County. The applicant is proposing to rezone the property to the RE-2A, Rural Estate District.
This item has been scheduled for consideration by the Local Planning Agency on July 18, 2024, and the recommendation will be provided to the Board of County Commissioners.
The following supporting documents are attached:
Staff Report
Draft Resolution to Approve Rezoning
Application Materials
Disclosure of Interest Affidavit
Legal Ad Tearsheet
Sample Letter to Surrounding Property Owners
Sign Posting Affidavit
Draft Resolution to Deny
Staff Presentation
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
Because this request involves the application of a policy to a specific application and site, it is a quasi -judicial decision. Quasi-judicial proceedings must be conducted with more formality than a legislative proceeding. In quasi-judicial proceedings, parties are entitled - as a matter of due process - to cross examine witnesses, present evidence, demand that witnesses testify under oath, and demand a decision based on a correct application of the law and competent substantial evidence in the record.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board receive and file the agenda item and its attachments including the staff report as Exhibit 1.
2. Move that the Board adopt a Resolution amending the Martin County Zoning Atlas to change the zoning district designation on the subject site from A-2, Agricultural District to RE-2A, Rural Estate District.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $1,000.00 application fee and the $290.00 completeness fee.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
This document may be reproduced upon request in an alternative format by contacting the County ADA Coordinator (772) 320-3131, the County Administration Office (772) 288-5400, Florida Relay 711, or by completing our accessibility feedback form at www.martin.fl.us/accessibility-feedback <http://www.martin.fl.us/accessibility-feedback>.