Legislation Details

File #: 24-0986   
Type: Public Hearing Quasi Judicial Status: Passed
In control: Board of County Commissioners
On agenda: 6/18/2024 Final action: 6/18/2024
Title: PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING AND APPROVAL OF THE SECOND AMENDMENT TO THE SOUTH FLORIDA GATEWAY PLANNED UNIT DEVELOPMENT (PUD) ZONING AGREEMENT TO ADD APPROXIMATELY 32.26 ACRES OF UNDEVELOPED LAND (S265-015)
Attachments: 1. 2024_0517_S265-015_DRT_STAFF_FINALdocx.pdf, 2. 2024_0521_S265-015 PROPOSED SECOND AMENDMENT.pdf, 3. EXHIBIT D 2024_0503_S265-015 RMSP.pdf, 4. 2024_0521_S265-015 RESOLUTION TO APPROVE REZONING.pdf, 5. 2024_0503_S265-015_APPLICATION MATERIALS.pdf, 6. Disclosure of Interest Affidavit 6.3.24.pdf, 7. 2024_0517_S265-015 LETTER TO SURROUNDING PROPERTY OWNERS.pdf, 8. 2024_0521_S265-015 SURROUNDING PROPERTY OWNERS CERTIFICATION.pdf, 9. 2023_0621_S265-015 SIGN POSTING AFFIDAVIT.pdf, 10. 2024_0522_S265-015_LAD_Tearsheet.pdf, 11. 2024_0521_S265-015 RESOLUTION TO DENY.pdf, 12. Staff Presentation, 13. SUPP MEMO, 14. Second Amendment to PUD Zoning Agreement.pdf

PLACEMENT: Public Hearings - Quasi-Judicial

TITLE:

title  

PUBLIC HEARING TO CONSIDER A REQUEST FOR A REZONING AND APPROVAL OF THE SECOND AMENDMENT TO THE SOUTH FLORIDA GATEWAY PLANNED UNIT DEVELOPMENT (PUD) ZONING AGREEMENT TO ADD APPROXIMATELY 32.26 ACRES OF UNDEVELOPED LAND (S265-015)

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EXECUTIVE SUMMARY:

executive summary

This is a request by South Florida Gateway Industrial LLC, for the approval of the Second Amendment to the South Florida Gateway PUD including a Revised Master Site Plan. The amendment proposes to rezone and incorporate approximately 32.26 acres with existing A-2, Agricultural zoning into the existing 184-acre South Florida Gateway PUD.  The subject site is located west of SW Kanner Highway, approximately 0.6 miles south of the SW Kanner Highway and SW 96th Street Intersection in Stuart. Included is an affidavit deferring Public Facilities Reservation.

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DEPARTMENT: Growth Management                     

PREPARED BY:                      Name: Brian Elam, PMP                     

                     Title:                     Principal Planner                     

REQUESTED BY: Lucido & Associates, Morris A. Crady, AICP                                          

 

PRESET:     

PROCEDURES: Quasi-Judicial                     

 

BACKGROUND/RELATED STRATEGIC GOAL:

 

The subject 32.26-acre property is located immediately north of and adjacent to the South Florida Gateway PUD which is within a Free-Standing Urban Service District.  The PUD is located west of SW Kanner Highway, approximately 0.6 miles south of the intersection of SW Kanner Highway and SW 96th Street in Stuart.  The subject property contains no native upland habitat or wetlands.

 

On December 5, 2023, the subject property was added to the existing Freestanding Urban Service District (CPA 23-01) and the Future Land Use was changed from Agricultural to Industrial (CPA 22-12).

 

Construction of the existing 184-acre (+/-) South Florida Gateway PUD, which is nearing completion, contains infrastructure development including the extension of water and sewer lines, stormwater management systems and service roads with direct access to SW Kanner Highway.

 

This application proposes adding the 32.26-acre property to the South Florida Gateway PUD. Easements are previously approved and planned to allow utilities and access to this 32-acre site by way of SW Gateway Place.  A separate application will be required to update the infrastructure final site plan.

 

This item has been scheduled for consideration by the Local Planning Agency on June 6th, 2024, and the recommendation will be provided to the Board of County Commissioners.

 

The following supporting materials are provided attached to this agenda item.

Staff Report

Second Amendment to the PUD Zoning Agreement

Proposed Revised Master Site Plan

Resolution to Approve Rezoning

Application Materials

Disclosure of Interest

Legal Ad

Sample Letter to Surrounding Property Owners

Surrounding Property Owners Certification

Sign Posting Affidavit

Draft Resolution to Deny

Staff Presentation

 

ISSUES:

 

There are no unresolved issues related to this application.

 

LEGAL SUFFICIENCY REVIEW:

 

Because this request involves the application of a policy 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 that is 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 the Resolution approving the rezoning from A-2, Agricultural District to Planned Unit Development and approve the Second Amendment to the South Florida Gateway PUD Zoning Agreement including the Revised Master Site Plan.

 

ALTERNATIVE RECOMMENDATIONS

Direct staff accordingly.

 

FISCAL IMPACT:

 

RECOMMENDATION

The applicant has paid the $16,600 application fee and the $290 completeness fee.

                     

ALTERNATIVE RECOMMENDATIONS

None

 

DOCUMENT(S) REQUIRING ACTION:

☐Budget Transfer / Amendment                     ☐ Chair Letter                                                               ☒Contract / Agreement

☐Grant / Application                                          ☐Notice          ☐Ordinance                     ☒Resolution

☐Other:     

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