PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
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PUBLIC HEARING TO CONSIDER A REQUEST FOR A RIGHT-OF-WAY WIDTH VARIANCE FOR SE BOSTUICK AVENUE AND ACCEPTING THE ROAD INTO THE COUNTY’S ROAD INVENTORY
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EXECUTIVE SUMMARY:
executive summary
Request by Habitat for Humanity of Martin County to adopt a resolution granting a variance to the right-of-way width for SE Bostuick Avenue and accepting approximately 460 linear feet of roadway into the County’s road inventory.
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DEPARTMENT: Public Works
PREPARED BY: Name: Matthew Hammond, PE
Title: Assistant County Engineer
REQUESTED BY: Habitat for Humanity of Martin County
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
As a part of the approved Development Order for the Wawa Cove Road development (Resolution 19-5.10), the Developer was required to construct and maintain approximately 460 linear feet of roadway meeting County roadway construction standards within the existing SE Bostuick Avenue right-of-way to serve as a secondary access to the Wawa property (shown in Attachment 1 - Location Map). Design and construction of this roadway segment was reviewed and inspected by the Engineer of Record and County staff for compliance with the Martin County Road & Site Construction Standards and applicable state standards and the Certification of Construction Completion has been accepted by the County Engineer.
Habitat for Humanity of Martin County, Inc. wishes to construct affordable housing on an adjacent parcel fronting the east side of SE Bostuick Avenue accessing this segment of road which is currently unopened County right-of-way. Section 4.843.K of the Martin County Land Development Regulations (LDR) requires that, “In order for a building permit to be issued for the construction of any structure, the lot must directly front on an open road.” As a result, Habitat for Humanity of Martin County is requesting approval to open the newly constructed 460-foot road segment through the Road Opening Permit process to provide the required direct road frontage.
SE Bostuick Avenue was recorded as a 30-foot-wide right-of-way as part of the Washington Park Plat - Plat Book 5, Page 71 - on October 17th, 1914. Ten additional feet of right-of-way width was dedicated to the County on the west side of SE Bostuick Avenue as part of the Wawa Cove Road project bringing the total right-of-way width to 40 feet. In accordance with Section 4.843.B of the LDR, the minimum right-of-way width for a Local street with curb and gutter stormwater conveyance is 50 feet. To allow for this requested road opening by Habitat for Humanity of Martin County, a variance is required to allow for the requested segment of SE Bostuick Avenue to be opened within the existing 40-foot-wide right-of-way.
Section 4.843.B.2 of the LDR provides, “Variances may be granted by the Board of County Commissioners for rights-of-way within plats that were recorded prior to 1972 where the previously acquired right-of-way is less than the required minimum right-of-way.” As a result, Habitat for Humanity of Martin County is additionally requesting the Board of County Commissioners adopt a resolution granting a variance from the minimum right-of-way width for the subject segment of SE Bostuick Avenue to 40-feet width.
If authorized, the road characteristics detailed in Exhibit A - Roadway Characteristics will be added into the County’s Open Road Inventory.
Advertisement for this Public Hearing was published in The Stuart News on October 28, 2024. Additionally, adjacent property owners to the road segment were notified by letter dated October 28, 2024.
ISSUES:
None
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
Move that the Board adopt a Resolution granting a variance for the right-of-way width of SE Bostuick Avenue and accepting approximately 460 feet of SE Bostuick Avenue into the County open road inventory.
ALTERNATIVE RECOMMENDATIONS
Provide staff direction.
FISCAL IMPACT:
RECOMMENDATION
None - The road segment and associated drainage facilities are privately maintained.
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>.