PLACEMENT: Departmental - Quasi-Judicial
TITLE:
title
REQUEST PLAT APPROVAL FOR 3600 SE SEA POINT COURT (S276-003), BEING A REPLAT OF LOT 5, SEA’S SUBDIVISION
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EXECUTIVE SUMMARY:
executive summary
This is a request by Cotleur & Hearing on behalf of Terrence J. Wiler for approval of the plat of 3600 SE Sea Point Court. The replat of lot 5, Sea’s Subdivision is to be consistent with the revised minor final site plan that established a new mean high-water line and the associated 75-foot shoreline protection zone. The subject site is located at 3600 SE Sea Point Court in Stuart. Included is a request for a Certificate of Public Facilities Exemption.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Luis Aguilar
Title: Principal Planner
REQUESTED BY: Terrence J. Wiler
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
3600 SE Sea Point Court received approval for a revised minor final site plan on January 30, 2024. This approval established a new shoreline and the associated 75-foot shoreline protection zone, due to the geographical and environmental changes to the land over time.
This property, currently known as Sea's Subdivision Lot 5, is part of the Sea's Subdivision platted on January 31, 1990.
There are no required infrastructure improvements associated with the plat. Therefore, no contract or surety is required.
If approved, this replat will remove Lot 5 from the Sea’s Subdivision Plat. The private road and common areas on the Sea’s Subdivision Plat were dedicated to the Property Owners’ Association for the Sea’s Subdivision for access, drainage, and utility purposes. The Association has since dissolved. The Applicant received consent from all property owners in the Sea’s Subdivision Plat for this replat. In addition, easements were granted to the Applicant from each property owner in the Sea’s Subdivision Plat for use of common areas, access, and utilities.
Pursuant to Article 10 of the Martin County Land Development Regulations, review of this application by the Local Planning Agency was not required. Final action on this application is required by the Board of County Commissioners in a public meeting pursuant to Table 10.5.F.9, Land Development Regulations, Martin County Code.
The following supporting documents are attached:
Staff Report
Plat
Approved Final Site Plan
Boundary Survey
Application Materials
Disclosure of Interest Affidavit
Sign Posting Affidavit
Consent to Plat
Easements
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 approve the 3600 SE Sea Point Court Plat.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $13,600.00 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: Plat
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