PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
title
FIRST PUBLIC HEARING TO CONSIDER APPROVAL OF FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN MARTIN COUNTY AND MASTER DEVELOPER FOR NEWFIELD
end
EXECUTIVE SUMMARY:
executive summary
This item is a request for approval of a First Amendment to Development Agreement Between Martin County and Master Developer for Newfield (P172-038), pursuant to Article 7, Land Development Regulations (LDR), Martin County Code. The proposed amendment addresses the identification of an approximately 125-acre “Environmental Parcel” to be used by Martin County for environmental purposes and the placement of certain excavated materials. The project is being developed according to Article 11, LDR, Martin County Code. This is the first of two public hearings.
body
DEPARTMENT: Growth Management
PREPARED BY: Name: Peter Walden, AICP, CNU-A
Title: Deputy Growth Management Director
REQUESTED BY: John Maehl, Environmental Resource Administrator
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The Newfield project includes residential, commercial and industrial development with an overall residential density of 1.2 units per acre. The project is being developed according to Article 11, LDR, Martin County Code.
Staff has initiated the First Amendment to Development Agreement to address the County’s right to use approximately 125 acres currently identified as the Stormwater Treatment Area (STA) for environmental purposes, including, but not limited to, the placement, storage, grading and management of excavated materials such as muck, soils, sediments and related byproducts (the “Environmental Parcel”). The use of the Environmental Parcel will continue to be for the environmental benefit of the Saint Lucie River and Martin County and will be conveyed to the County prior to the issuance of the 700th building permit for residential dwellings. The Environmental Parcel will remain subject to the recorded Open Space Conservation Easement, which will be amended to incorporate the Environmental Parcel and presented to the Board of County Commissioners for consideration at a future date.
The following supporting documents are included:
- First Amendment to Development Agreement
- 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
Move that the Board receive and file the agenda item and its attachments as Exhibit 1.
ALTERNATIVE RECOMMENDATIONS
None
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other: