PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
title
PUBLIC HEARING TO CONSIDER ADOPTION OF AN AMENDMENT TO THE MARTIN COUNTY ZONING ATLAS TO CHANGE THE ZONING DISTRICT CLASSIFICATION FOR JENSEN BEACH MHP, LLC. (P125-013)
end
EXECUTIVE SUMMARY:
executive summary
This is a request by Cuozzo Planning Solutions, Inc., on behalf of Jensen Beach MHP, LLC for a proposed amendment to the county zoning atlas to change the zoning district classification of an approximately 17.27-acres site from Planned Unit Development (PUD) to RS-5 (Low Density Residential District) and LC (Limited Commercial District) or the most appropriate zoning districts. The RS-5 and LC zoning districts are consistent with the site’s current future land use designations of Low Density and Commercial Limited. Included with this application is a request for a Certificate of Public Facilities Exemption.
body
DEPARTMENT: Growth Management
PREPARED BY: Name: Brian Elam, PMP
Title: Principal Planner
REQUESTED BY: Cuozzo Planning Solutions Inc. (Donald J. Cuozzo)
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The approximate 17.27 acres property consists of ten parcels located east of NE Skyline Drive. The property is bisected by NE Indian River Drive and the Florida East Coast railroad and includes land east of NE Indian River Drive. The property is generally located at the intersection of NE Indian River Drive and NE 1st Street, approximately 100 feet north of NE Pineapple Avenue/NE Causeway Boulevard at 3830 NE Indian River Drive in Jensen Beach.
A Future Land Use Map (FLUM) amendment changing an approximate ± 13.7-acre portion of the site from Mobile Home to Low Density was approved by the adoption of Ordinance 757 on August 7, 2007. The land use amendment was approved in conjunction with the Pitchford’s Landing PUD Zoning Agreement approved on the same day.
A first amendment to the PUD was approved on June 14th, 2011 extending the timetable for completion to August 7, 2015. A second amendment to the PUD never completed post approval and therefore is invalid. Two (2) state authorized timetable extensions were acknowledged that extended the development completion date out to May 5, 2021. The current zoning of the property is PUD Zoning District, but the master plan timetable has expired. For any development approval or conveyance of parcels, either the PUD agreement must be renegotiated, or the property needs to be rezoned to zoning districts consistent with the underlying land uses.
According to Property Appraiser records, Jensen Beach MHP LLC, purchased the property on September 1, 2017.
This item has been scheduled for consideration by the Local Planning Agency on May 15, 2025 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
Draft Resolution to Approve Rezoning
Exhibit A Legal Description (LC)
Exhibit B Legal Description (RS-5)
Application Materials
Disclosure of Interest
Legal Ad Tearsheet
Sample Letter to Surrounding Property Owners
Surrounding Property Owners Certification
Sign Posting Affidavit
Draft Resolution to Deny Rezoning (LC)
Draft Resolution to Deny Rezoning (RS-5)
Staff Presentation
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
1. Move that the Board receive and file the agenda item and all its attachments including the staff report as Exhibit 1.
2. Move that the Board adopt a resolution approving the rezoning from Planned Unit Development to LC, Limited Commercial District and RS-5, Low Density Residential District.
ALTERNATIVE RECOMMENDATIONS
Direct staff accordingly.
FISCAL IMPACT:
RECOMMENDATION
The applicant has paid the $1,000 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:
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>.