PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
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PUBLIC HEARING TO CONSIDER ADOPTION OF AN AMENDMENT TO THE MARTIN COUNTY ZONING ATLAS TO CHANGE THE ZONING DISTRICT CLASSIFICATION FOR A PROPERTY KNOWN AS NINE GEMS REZONING
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EXECUTIVE SUMMARY:
executive summary
This application is a request for a zoning district change on 1,533 acres from A-2, Agricultural, to PC, Public Conservation, located south of SW bridge Road between SW Pratt-Whitney Road and Interstate 95. This request is made concurrent with the proposed Comprehensive Plan Amendment, CPA 24-21.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Amy Offenbach
Title: Planner
REQUESTED BY: Michael Yustin, Environmental Senior Project Manager
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
Comprehensive Growth Management Plan Policy 4.4A.1 provides that “Parcels being considered for amendment to the future land use designation shall be concurrently evaluated for rezoning to the most appropriate zoning district in the most recently adopted Land Development Regulations.” A concurrent rezoning is required for each Future Land Use Map (FLUM) amendment where the amendment creates an inconsistency with the current zoning designation.
Analysis of the proposed rezoning can be found in the staff report attached to this Board item. Consideration of the request to change from A-2, Agricultural, to PC, Public Conservation, on 1,533 acres is contingent upon the approval of CPA 24-21, Nine Gems, FLUM amendment.
On January 16, 2025, the Local Planning Agency voted 4-0 to recommend approval of the proposed zoning district.
ISSUES:
Please see the attached staff report for analysis of the proposed changes to the Zoning Atlas.
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 proceeding, 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 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 Summary and all its attachments including the staff report for the record as Exhibit 1.
2. Move that the Board amend the Martin County Zoning Atlas to change the zoning district of the subject site from A-2, Agricultural to PC, Public Conservation.
ALTERNATIVE RECOMMENDATIONS
Provide staff direction.
FISCAL IMPACT:
RECOMMENDATION
Staff time.
ALTERNATIVE RECOMMENDATIONS
Staff time.
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>.